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Case lawNotifications2002 › Notification: 52 Date of Issue : 28/2/2002
Notification 28 February 2002

Notification: 52 Date of Issue : 28/2/2002

Amendment of the Income-tax Rules under section 295 of the Income-tax Act, 1961

What this is

Notification: 52 Date of Issue : 28/2/2002 was published on 28 February 2002. Its subject is Amendment of the Income-tax Rules under section 295 of the Income-tax Act, 1961.

This amends the Income-tax Rules. What it changes is the Rules, not the Act — and a rule can never take away what the section gives.

What it does

By the Income-tax (Third Amendment) Rules, 2002, made under sub-clause (i) of clause (b) of sub-section (2) of section 295 of the Income-tax Act, 1961, the Central Board of Direct Taxes substitutes sub-rule (1) of rule 7A of the Income-tax Rules, 1962. The substituted sub-rule provides that income derived from the sale of centrifuged latex or cenex or latex based crepes, such as pale latex crepe, or brown crepes, such as estate brown crepe, re-milled crepe, smoked blanket crepe or flat bark crepe, or technically specified block rubbers, manufactured or processed from field latex or coagulum obtained from rubber plants grown by the seller in India, shall be computed as if it were income derived from business, and thirty-five per cent of such income shall be deemed to be income liable to tax.

Who it reaches

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.295s.533

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.

Notification No : 52

Date of Issue : 28/2/2002

Section(s) Referred : s. 295

Notification No. S.O...., 28th February, 2002.

In exercise of the powers confered under sub-clause (i) of clause (b) of sub-section(2) of section 295 of the Income-tax Act, 1961 (43 if 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. (1) These rules may be called the Income-tax (Third Amendment) Rules, 2002.

(2) They shall come into force on the lst day of April, 2003.

2. In the Income-tax Rules, 1962, in rule 7A, for sub-rule (1), the following sub-rule shall be substituted, namely:--

"(1) Income derived from the sale of centrifuged latex or cenex or latex based crepes (such as pale latex crepe) or brown crepes (such as estate brown crepe, re-milled crepe, smoked blanket crepe or flat bark crepe) or technically specified block rubbers manufactured or processed from field latex or coagulum obtained from rubber plants grown by the seller in India shall be computed as if it were income.derived from business, and thirty-five per cent. of such income shall be deemed to be income liable to tax."

(Sd.) Rahul Navin,

Under Secretary to the Government of India.

[Notification No. 52/2002/F. No. 149/305/2001-TPL]

What it changes

The rule numbers are the 1962 Rules’ own, as the notification names them. The right-hand column is the department’s own mapping into the Income-tax Rules, 2026, which renumbered nearly everything.
Rule of the 1962 RulesNow, in the 2026 Rules
Rule 7Arule 271

From when

1 April 2003.

What to watch

Where you meet it

In the computation of a rubber grower's income in the return and in the assessment apportioning it between business income and agricultural income.

An example

Ours, not the Board’s: a worked case built from the rule the instrument sets, to show how it falls out.

Where a grower processes field latex from his own estate into technically specified block rubber and the income so computed as business income is Rs. 40 lakh, Rs. 14 lakh, being thirty-five per cent, is deemed to be income liable to tax.

What it names

Rules it names. Rule 7A of the Income-tax Rules, 1962. The 1962 Rules were replaced by the Income-tax Rules, 2026, which renumbered nearly everything: a rule number quoted here almost never means the same rule today.

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. N_N  ·  Notification: 50 Date of Issue : 26/2/2002 →

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.