Amendment of the Income-tax Rules under section 10 of the Income-tax Act, 1961
Notification No. 14 was published on 12 January 2004. Its subject is Amendment of the Income-tax Rules under section 10 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.
Under section 295 of the Income-tax Act, 1961, the Central Board of Direct Taxes makes the Income-tax (6th Amendment) Rules, 2004, substituting rule 2E of the Income-tax Rules, 1962 and amending Form No. 56E in Appendix II. The substituted rule 2E lays down guidelines for approval under clause (23G) of section 10: an application is to be made on or after 1 June 1998 in Form No. 56E by an enterprise to the Central Government, accompanied by the certificate of incorporation or document of constitution, the approved project report or agreement for the eligible business, and balance sheets and profit and loss accounts for the three preceding previous years and the relevant part of the year of application, with a proviso allowing fewer years where the enterprise was formed within those three years. The Central Government is to approve an enterprise wholly engaged in the eligible business, may call for documents and make enquiries, and must pass a written order, no refusal being made without an opportunity of being heard. An approved enterprise must maintain books of account, get them audited by an accountant as defined in the Explanation to sub-section (2) of section 288 and furnish the audit report to the Chief Commissioner of Income-tax before the due date under sub-section (1) of section 139; on cessation of the eligible business or failure to maintain or audit accounts or to furnish the report, the Chief Commissioner is to report to the Central Government within six months of that due date and the approval is to be withdrawn after an opportunity of being heard. The Explanation defines "eligible business" as the business referred to in sub-section (4) of section 80-IA or a housing project under sub-section (10) of section 80-IB fulfilling those conditions, or a hotel project or hospital project as defined in clauses (g) and (h) of Explanation 1 to clause (23G) of section 10. In Form No. 56E, the heading and the entry at serial number 5 are recast from the business of developing, maintaining and operating an infrastructure facility to the wider "eligible business".
Notification No : 14
Section(s) Referred :
Date of Issue : 12/1/2004
Notification No. 14 of 2004, dt. 12th Jan., 2004
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 rule further to amend the Income-tax Rules, 1962, namely:-
1. (1) These rules may be called the Income-tax (6th Amendment), Rules, 2004.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962,-
(A) for rule 2E, the following rule shall be substituted;
"2E. Guidelines for approval under clause (23G) of section 10.- (1) An application for approval shall be made on or after the 1st day of June, 1998 in Form No. 56E by an enterprise to the Central Government.
(2) Every application for approval made under sub-rule (1) shall be accompanied by the following documents, namely:-
(a) a copy of certificate of incorporation under the Companies Act, 1956 (1 of 1956) or a copy of the document evidencing the constitution of the enterprise and its legal status;
(b) a copy of the project report or agreement in respect of the eligible business duly approved by the Central Government or any State Government or any local authority or any other statutory body, as the case may be;
(c) balance sheets and profit and loss accounts for the three previous years immediately preceding the previous year in which the application has been made and also for the relevant part of the previous year in which the application has been made:
Provided that an application made under sub-rule (1) may be accompanied by the balance sheets and profit and loss accounts for less than three previous years where an enterprise has been formed at any time during the three previous years immediately preceding the previous year in which the application has been made and also for the relevant part of the previous year in which the application has been made.
(3) The Central Government shall approve an enterprise for the purposes of clause (23G) of section 10, if such enterprise is wholly engaged in the eligible business.
(4) The Central Government may, before approving an enterprise, call for such documents (including audited annual accounts) or information from the enterprise,.as it thinks necessary in order to satisfy itself that such enterprise is wholly engaged in the eligible business and that Government may also make such enquiries as it may deem necessary in this behalf.
(5) The Central Government shall pass an order in writing while granting approval or refusing approval to the enterprise:
Provided that no order refusing the approval shall be passed unless an opportunity of being heard has been given to the enterprise.
(6) Every enterprise approved under sub-rule (5) shall maintain books of account and get such books audited by an accountant, as defined in Explanation to sub-section (2) of section 288 and furnish the report of such audit duly signed and verified by such accountant to the Chief Commissioner of Income-tax under whose jurisdiction it is assessed, before the due date of filing of the return under sub-section (1) of section 139.
(7) Where the enterprise,-
(a) ceases to carry on the eligible business; or
(b) fails to maintain books of account and get such accounts audited by an accountant as required by sub-rule (6); or
(c) fails to furnish the audit report as required by sub-rule (6);
the Chief Commissioner of Income-tax shall, after making such enquiries as he may deem necessary, furnish a report on the circumstances referred to in clause (a), (b) and (c) to the Central Government, within six months from the due date of filing of return under sub-section (1) of section 139.
(8) The Central Government, on being satisfied that any or all of the circumstances referred to in clauses (a), (b) and (c) of sub-rule (7) exist, shall withdraw the approval granted under sub-rule (5).
Provided that no order withdrawing the approval shall be passed unless an opportunity of being heard has been given to the enterprise.
Explanation; For the purposes of this rule,-(a) the expression "enterprise" means any enterprise wholly engaged in the eligible business;
(b) the expression "eligible business" means the business referred to in sub-section (4) of section 80 IA or a housing project referred to in sub-section (10) of section 80-IB and which fulfils the conditions specified in-the said sub-sections or a hotel project or a hospital project as defined in clauses (g) and (h) of Explanation 1 to clause '(23G) of Section 10."
(B) in Appendix II to the Income-tax Rules, 1962, in Form No.56E,-
(i) in the opening portion, in the heading, for the words "business of developing, maintaining and operating any infrastructure facility", the words "eligible business" shall be substituted.
(ii) in serial number 5, in the entry, for the words "for developing, maintaining and operating an infrastructure facility", the words "in respect of the eligible business" shall be substituted.
(iii) in the Notes, in item number (iii), for the words "for developing, maintaining and operating an infrastructure facility", the words "in respect of the eligible business" shall be substituted.
F.No.-l42/42/2003-TPL
| Rule of the 1962 Rules | Now, in the 2026 Rules |
|---|---|
| Rule 2E | no counterpart recorded |
Forms it touches. Form No. 56E
the date of publication in the Official Gazette.
In an application for approval in Form No. 56E, in the annual audit report filed with the Chief Commissioner, and in a proceeding to withdraw approval under clause (23G) of section 10.
Forms it names. Form No. 56E
Rules it names. Rule 2E 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.
Source: the Income Tax Department’s own published text — its page for this instrument.