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Case lawNotifications1998 › S.O. 745(E)
Notification 1 September 1998

S.O. 745(E)

Preference shares to be issued within a period of one year from the date of publication of this notification in the Official Gazet specified under section 54EA

What this is

S.O. 745(E) was published on 1 September 1998. Its subject is Preference shares to be issued within a period of one year from the date of publication of this notification in the Official Gazet specified under section 54EA.

This notifies a named person, body, fund or instrument for the purpose of a provision. Nothing in it changes the provision itself.

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 ActNow
s.54EAno counterpart recorded

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.

In exercise of the powers conferred by sub-section (1) of section 54EA of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby specifies preference shares to be issued within a period of one year from the date of publication of this notification in the Official Gazette of an amount not exceeding Rs. 50 lakhs by M/s. Tecil Chemicals and Hydro Power Ltd., a public company registered under the Companies Act, 1956, and having its registered office at P.O. Chingavanam, Dist. Kottayam (Kerala), Pin 686 531:

Provided that the investment in the aforesaid shares is made by an assessee out of this income chargeable under the head "Capital gains" arising out from transfer of long-term capital asset:

Provided further that in case the assessee transfers the aforesaid shares allotted to him in any manner within a period of three years from the date of their allotment the initial investment made by such assessee in the aforesaid shares ahall be chargeable to tax under the head "Capital gains" in accordance with the provisions of sub-section (2) of section 54EA of the Income-tax Act, 1961.

[Notification No. 10683/F. No. 178/100-97-ITA-I]

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.

← S.O. 1785  ·  S.O. 744(E) →

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.