Notification No. 46 — Section 43(5)(d )(ii) of the Income-tax Act, 1961 - Speculative Transactions - Notified Re

What this is

Notification No. 46 was published on 22 May 2009. Its subject is Section 43(5)(d )(ii) of the Income-tax Act, 1961 - Speculative Transactions - Notified Recognised Stock Exchange.

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 Act	Now
s.43	s.2, s.39, s.41, s.66

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 43(5)(d )(ii) OF THE INCOME-TAX ACT, 1961 - SPECULATIVE TRANSACTIONS - NOTIFIED RECOGNISED STOCK EXCHANGE
NOTIFICATION NO. 46/2009, DATED 22-5-2009

In exercise of the powers conferred by clause (ii) in the Explanation to clause (d) of the proviso to sub-section (5) of section 43 of the Income-tax Act, 1961 (43 of 1961), read with rule 6DDB of the Income-tax Rules, 1962, the Central Government hereby notifies MCX Stock Exchange Ltd. as a recognized stock exchange for the purpose of the said clause with effect from the date of publication of this notification in the Official Gazette.
2. MCX Stock Exchange Ltd. shall separately maintain data regarding all transactions registered in the system in which client codes have been allowed to be changed for periodical inspection by the Director-General of Income-tax (Investigation) having jurisdiction over such exchange and provide copies of the relevant information as and when required.
3. The Central Government may withdraw the recognition granted to MCX Stock Exchange Ltd. if any of the conditions specified in rule 6DDA of the Income-tax Rules, 1962, subject to which the recognition is granted, is violated.
4. This notification shall remain in force until the approval granted by the Securities and Exchange Board of India is withdrawn or expires, or this notification is rescinded by the Central Government as provided in sub-rule (5) of rule 6DDB of the Income-tax Rules, 1962.

[F. No. 142/25/2008-TPL]

What it names

Rules it names. Rule 6DDA, 6DDB 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.

Circular No. 13/2021 — Circular No. 13 of 2021 30 June 2021
Circular No. 17/2020 — Guidelines under section 194 o 4 and section 206C 1 i of the income tax act 1961 29 September 2020
Notification No. 17/2020 [F.No.173/10/2014-ITA-I] / SO 1057(E) — Ministry of Finance 13 March 2020
Notification No. 8/2019 [F.No. 225/344/2018-ITA-II] / SO 772(E) — Ministry of Finance 31 January 2019
Notification No. Notification No. 76/2018 [F. No. 225/261/2018 ITA-II] — [To BE Published in the Gazette of INDIA, Extraordinary, Part II, section 3, Sub-section (ii)] 31 October 2018
Notification No. 35/2018 [F.No. 225/111/2018-1TA-II] — Government of India 31 July 2018

← Notification No. 47 · Notification No. 45 →

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.