Notification No. 114

The Central Government having regard to the extent of inconvenience likely to be caused to the persons specified in the Schedule annexed herewith being residents, and being satisfied that it will not be prejudicial to th

What this is

Notification No. 114 was published on 6 February 1992. Its subject is The Central Government having regard to the extent of inconvenience likely to be caused to the persons specified in the Schedule annexed herewith being residents, and being satisfied that it will not be prejudicial to th.

This grants an exemption or a relief under a provision that allows one. Read the conditions attached: an exemption notification is construed strictly, and a condition missed is the exemption lost.

What it does

In exercise of the powers under clause (a) of sub-section (2) of section 194H of the Income-tax Act, 1961, the Central Government exempts persons responsible for paying income by way of commission or brokerage to the sixteen resident tea brokers and associations named in the Schedule from deducting income-tax on such income. The Schedule names, among others, Sohrab Ardeshir Brokers Co. Pvt. Ltd., Coonoor, Forbes, Ewart and Figgis (Private) Ltd., Cochin, Tea Brokers Private Ltd., Calcutta, Calcutta Tea Traders Association, J. Thomas and Co. Pvt. Ltd. and Assam Tea Brokers Pvt. Ltd. The exemption is subject to the condition that it is available only up to 31 March 1993.

Why it was issued

The Central Government had regard to the extent of inconvenience likely to be caused to the persons specified in the Schedule, being residents, and was satisfied that the exemption would not be prejudicial to the interests of the Revenue.

Who it reaches

persons paying commission or brokerage to the named tea brokers
the sixteen tea broking companies and associations listed in the Schedule
assessing officers examining non-deduction of tax on such payments

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.

Under the 1961 Act	Now
s.194H	s.393, s.402

The instrument, as the Board published it

The words below are the department’s own, reproduced from its published text. Where the department’s copy carried a publisher’s notes after the instrument, those are not reproduced.

The Central Government having regard to the extent of inconvenience likely to be caused to the persons specified in the Schedule annexed herewith being residents, and being satisfied that it will not be prejudicial to the interests of the Revenue, in exercise of the powers conferred by clause (a) of sub-section (2) of section 194H of the Income-tax Act, 1961(43 of 1961), hereby exempts the persons responsible for paying any income by way of commission or brokerage to the persons so specified in the Schedule from deducting income-tax on such income subject to the condition that such exemption will be available only up to the 31st day of March, 1993.

SCHEDULE ------- Sl. No. Name ------- 1. Sohrab Ardeshir Brokers Co. Pvt. Ltd., Coonoor 2. Forbes, Ewart and Figgis (Private) Ltd., Cochin 3. Paramount Tea Marketing Pvt. Ltd., Cochin 4. Forbes Tea Brokers (Coimbatore), Coimbatore 5. Tea Brokers Private Ltd., Calcutta 6. Tamil Nadu Tea Brokers Limited, Coonoor 7. A.W. Figgis and Co. Pvt. Ltd., Calcutta 8. Contemporary Target Pvt. Ltd., Calcutta 9. Calcutta Tea Traders Association, Calcutta 10. Carritt Moran and Co. Pvt. Ltd., Calcutta 11. J. Thomas and Co. Pvt. Ltd., Calcutta 12. Silliguri Tea Brokers Private Ltd., Silliguri 13. Eastern Tea Brokers Pvt. Ltd., Calcutta 14. Assam Tea Brokers Pvt. Ltd., Calcutta 15. Sudhir Chatterjee and Co. Pvt. Ltd., Calcutta 16. Associated Brokers Private Ltd., Calcutta -------

[Notification No. 8989/F. No. 275/197/91-IT(B)

From when

available only up to 31 March 1993.

What to watch

The exemption is available only up to 31 March 1993, after which deduction resumes.
It runs in favour of the payer, who is relieved of the obligation to deduct, and only for payments to the persons named in the Schedule.
The exemption is confined to income by way of commission or brokerage within section 194H.
A payee not named in the Schedule remains outside the exemption even if in the same trade.

Where you meet it

In a tea auction broker's commission bill and the payer's TDS records, and in any proceeding for failure to deduct tax under section 194H for the period covered.

On the same provision

Other instruments in this library that name the same provision of the 1961 Act. They are not necessarily still operative, and a later one may have replaced an earlier one without saying so.

Notification No. 31 — Income-tax (Eighth Amendment) Rules, 2009 - Amendments in Forms 24Q, 26Q, 27Q, 27EQ; Substitution of Rules 30, 31, 31A, 25 March 2009
Circular No. 6/2003 — Section 194H of the Income-tax Act, 1961 - Commission or brokerage - Clarifications regarding Turnover Commission payabl 3 September 2003
Notification No. 344E — A notification under section 194H of the Income-tax Act, 1961 18 May 1992
Notification No. 175E — The Central Government, having regard to the extent of inconvenience likely to be caused to the International Air Transp 3 March 1992
Notification No. 174E — The Central Government, having regard to the extent of inconvenience likely to be caused to the commission agents and de 3 March 1992
Circular No. 619 — Section 194H l Commission, Brokerage, ETC 1 4 December 1991

← Notification No. 2552 · Notification No. 2551 →

What a notification is. A notification is made under a power the Act itself gives, and within that power it is law — unlike a circular, which only binds the department. Its reach is the reach of the enabling provision and no wider, and the date it carries decides from when it works.

Source: the Income Tax Department’s own published text — its page for this instrument.