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Case law › Notifications › 2008 › Notification No. 90
Notification 28 August 2008

Notification No. 90

Section 90 A of the Income TAX Act, 1961 – Double Taxation Relief – Adoption by Central Government of Agreement Between Specified Association for Double Taxation Relief Notified Agreement

What this is

Notification No. 90 was published on 28 August 2008. Its subject is Section 90 A of the Income TAX Act, 1961 – Double Taxation Relief – Adoption by Central Government of Agreement Between Specified Association for Double Taxation Relief Notified Agreement.

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.90s.159
s.90As.159

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.

SECTION 90 A OF THE INCOME TAX ACT, 1961 – DOUBLE TAXATION RELIEF – ADOPTION BY CENTRAL GOVERNMENT OF AGREEMENT BETWEEN SPECIFIED ASSOCIATION FOR DOUBLE TAXATION RELIEF NOTIFIED AGREEMENT

NOTIFICATION NO. 90/2008, DATED 28-8-2008

In exercise of the powers conferred by sub-section (3) of section 90A of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that where an agreement entered into by any specified association in India with any specified association in the specified territory outside India and adopted by the Central Government by way of notification in the official Gazette, for granting relief of tax, or as the case may be, avoidance of double taxation, provides that any income of a resident of India "may be taxed" in the other country, such income shall be included in his total income chargeable to tax in India in accordance with the provisions of the Income-tax Act, 1961 (43 of 1961), and relief shall be granted in accordance with the method for elimination or avoidance of double taxation provided in such agreement.

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. 91  ·  Notification No. 89 →

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.