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Case lawNotifications2005 › Notification No. 196
Notification 7 September 2005

Notification No. 196

Amendment of the Income-tax Rules under section 120 of the Income-tax Act, 1961

What this is

Notification No. 196 was published on 7 September 2005. Its subject is Amendment of the Income-tax Rules under section 120 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

In exercise of the powers under sub-sections (1) and (2) of section 120 of the Income-tax Act, 1961, the Central Board of Direct Taxes amends the Schedule to its notification S.O. 994(E) dated 9 September 2004 by substituting serial numbers 3, 4 and 5 and the entries relating to them. The substituted entries assign the Joint Commissioner of Income-tax (Transfer Pricing Officer-I), Mumbai, the Joint Commissioner of Income-tax (Transfer Pricing Officer-II), Mumbai and the Joint Commissioner of Income-tax (Transfer Pricing Officer-III), Mumbai, each with headquarters at Mumbai, to the areas within the territorial limits of the States of Maharashtra, Gujarat and Madhya Pradesh and Daman and Diu. Jurisdiction is divided alphabetically: Transfer Pricing Officer-I takes persons whose names begin with the alphabets A to E, Transfer Pricing Officer-II those from F to P and Transfer Pricing Officer-III those from Q to Z, in each case where they are assessed or assessable within the jurisdiction of an Assessing Officer having his office in the territorial area indicated in column 4.

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.120s.241, s.243

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. 196/2005, DATED 7-9-2005

In exercise of the powers conferred by sub-sections (1) and (2) of section 120 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following amendments in the notification of the Government of India, Ministry of Finance (Department of Revenue), Central Board of Direct Taxes, Number S.O. 994(E) dated the 9th September, 2004, namely :—
In the said notification, the Schedule annexed thereto, for serial numbers 3, 4, and 5 and the entries relating thereto, the following serial numbers and entries shall, respectively, be substituted, namely :—
SCHEDULE

Serial Number

Designation Income-tax Authorities

Head Quarter

Territorial Area

Persons or Class of persons

(1)

(2)

(3)

(4)

(5)

3.

Joint Commissioner of Income-tax (Transfer Pricing Officer-I), Mumbai

Mumbai

Areas lying within the territorial limits of States of Maharashtra, Gujarat and Madhya Pradesh, Daman & Diu

Persons or class of persons whose names begin with the alphabet A to E and are assessed or assessable within the jurisdiction of Assessing Officer having their office in the territorial area indicated in Column 4.

4.

Joint Commissioner of Income-tax (Transfer Pricing Officer-II), Mumbai

Mumbai

Areas lying within the territorial limits of States of Maharashtra, Gujarat and Madhya Pradesh, Daman & Diu

Persons or class of persons whose names begin with the alphabet F to P and are assessed or assessable within the jurisdiction of Assessing Officer having their office in the territorial area indicated in Column 4.

5.

Joint Commissioner of Income-tax (Transfer Pricing Officer-III), Mumbai

Mumbai

Areas lying with in the territorial limits of States of Maharashtra, Gujarat and Madhya Pradesh, Daman & Diu

Persons or class of persons whose names begin with the alphabet Q to Z and are assessed or assessable within the jurisdiction of Assessing Officer having their office in the territorial area indicated in Column 4.

[F.No. 187/11/2005-ITA. I]

What to watch

Where you meet it

In a reference by the Assessing Officer to the Transfer Pricing Officer at Mumbai and in the notice and order determining the arm's length price.

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. 197  ·  Notification No. 195 →

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.