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Case law › Notifications › 2003 › Notification No. 126
Notification 9 May 2003

Notification No. 126

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What this is

Notification No. 126 was published on 9 May 2003. Its subject is images/spacer.gif" width="1" height="1">.

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

The Central Board of Direct Taxes, in exercise of the powers conferred by section 295 of the Income-tax Act, 1961, makes the Income-tax (Fifth Amendment) Rules, 2003, amending the Income-tax Rules, 1962. In the Table to Appendix I, in Part A relating to Tangible Assets, under the heading "III. Machinery and Plant", in sub-item (3), a new entry (xia) is inserted after entry (xi) for "Life saving medical equipment". The entry lists D.C. defibrillators for internal use and pace makers, haemodialysors, heart lung machines, cobalt therapy units, colour Doppler, SPECT gamma camera, vascular angiography system including digital subtraction angiography, ventilators used with anaesthesia apparatus, magnetic resonance imaging system, surgical laser, ventilators other than those used with anaesthesia, gamma knife, bone marrow transplant equipment including silastic long standing intravenous catheters for chemotherapy, fibre optic endoscopes of the kinds named, and laparoscope (single incision).

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.

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Notification No

:

126

Section(s) Referred

:

s. 295

Date of Issue

:

9/5/2003

Notification No. 126 of 2003, dt. 9th May, 2003

In exercise of the powers conferred by section 295 of the Income-tax Act, 1961 (43 of 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 (Fifth Amendment) Rules, 2003.

(2) They shall come into force from the 1st day of April, 2004.

2. In the Table to Appendix-I of the Income-tax Rules, 1962, in Part A relating to TANGIBLE ASSETS, under the heading "III. Machinery and Plant", in sub-item (3), after entry (xi), the following shall be inserted, namely:

"(xia) Life saving medical equipment, being-

(a) D.C. Defibrillators for internal use and pace makers;

(b) Haemodialysors;

(c) Heart lung machine;

(d) Cobalt Therapy Unit;

(e) Colour Doppler;

(f) SPECT Gamma Camera;

(g) Vascular Angiography System including Digital substraction Angiography;

(h) Ventilator used with anaesthesia apparatus;

(i) Magnetic Resonance Imaging System;

(j) Surgical Laser;

(k) Ventilators other than those used with anaesthesia;

(l) Gamma knife;

(m) Bone Marrow Transplant Equipment including silastic long standing intravenous catheters for chemotheraphy;

(n) Fibre optic endoscopes including, Paediatric resectoscope/audit resectoscope, Peritoneoscopes, Arthoscope, Microlaryngoscope, Fibreoptic Flexible Nasal Pharyngo Bronchoscope, Fibreoptic Flexible Laryngo Brochoscope, Video Laryngo Brochoscope and Video Oesophago Gastroscope, Stroboscope, Fibreoptic Flexible Oesophago Gastroscope.

(o) Laparoscope (single incision)

[F.No.67/FB/2003-TPL]

From when

1 April 2004.

What to watch

Where you meet it

In the depreciation schedule of a hospital or clinic's return, and in an assessment testing whether a particular machine falls within the life saving medical equipment entry.

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. 127  ·  Notification No. 125 →

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.