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Case lawNotifications2013 › Notification: 10 Date of Issue: 05/2/2013
Notification 5 February 2013

Notification: 10 Date of Issue: 05/2/2013

Section 10(15), Item (h) of Sub-clause (iv) of the Income-tax Act, 1961 - Exemptions - Interest on Bonds/debentures - Specified Companies Authorized to Issue Tax-free, Secured, Redeemable, Non-convertible Bonds During F.y. 2012-13 – Amendment in Notification No. SO 2685(E), Dated 6-11-2012, read with Corrigendum No. SO 2717(E), Dated 15-11-2012

What this is

Notification: 10 Date of Issue: 05/2/2013 was published on 5 February 2013. Its subject is Section 10(15), Item (h) of Sub-clause (iv) of the Income-tax Act, 1961 - Exemptions - Interest on Bonds/debentures - Specified Companies Authorized to Issue Tax-free, Secured, Redeemable, Non-convertible Bonds During F.y. 2012-13 – Amendment in Notification No. SO 2685(E), Dated 6-11-2012, read with Corrigendum No. SO 2717(E), Dated 15-11-2012.

This grants an exemption or a relief under a provision that allows one. Read the conditions attached: an exemption notification is construed strictly, and a condition missed is the exemption lost.

What it does

Acting under item (h) of sub-clause (iv) of clause (15) of section 10 of the Income-tax Act, 1961, the Central Government amends S.O. 2685(E) dated 6 November 2012, read with the corrigendum S.O. 2717(E) dated 15 November 2012, which authorised specified companies to issue tax-free, secured, redeemable, non-convertible bonds during financial year 2012-13. In the Table occurring after paragraph (j), after serial number 10 and its entries, a new serial number 11 is inserted for "The Indian Renewable Energy Development Agency Limited" with an amount of Rs. 1000 crores. The effect is that interest on bonds issued by that company within the stated limit falls within the exemption.

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.3s.3
s.10s.11, s.19

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 10(15), ITEM (h) OF SUB-CLAUSE (iv) OF THE INCOME-TAX ACT, 1961 - EXEMPTIONS - INTEREST ON BONDS/DEBENTURES - SPECIFIED COMPANIES AUTHORIZED TO ISSUE TAX-FREE, SECURED, REDEEMABLE, NON-CONVERTIBLE BONDS DURING F.Y. 2012-13 – AMENDMENT IN NOTIFICATION NO. SO 2685(E), DATED 6-11-2012, READ WITH CORRIGENDUM NO. SO 2717(E), DATED 15-11-2012
NOTIFICATION NO. 10/2013[F.NO.178/6/2013(ITA-I)]/SO 321(E), DATED 5-2-2013
In exercise of the powers conferred by item (h) of sub-clause (iv) of clause (15) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby makes the following amendments in the notification of the Government of India in the Ministry of Finance, Department of Revenue (Central Board of Direct Taxes) vide number S.O. 2685(E), published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii), dated the 6th November, 2012, read with corrigendum in the Gazette of India vide number S.O. 2717(E), dated the 15th November, 2012, with effect from its date of publication, namely :-
2. In the said notification, in the Table occurring after paragraph (j), after serial number 10 and the entries relating thereto, the following serial number and the entries shall be inserted, namely:-
Table

"11.
The Indian Renewable Energy Development Agency Limited
Rs. 1000 crores."

■■

From when

the date of publication of the notification.

What to watch

Where you meet it

In the return of income where interest on such bonds is shown as exempt under section 10(15)(iv)(h), and in the issuer's prospectus and interest payment records where tax is not deducted.

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: 11 Date of Issue: 19/2/2013  ·  Notification: 9 Date of Issue: 31/1/2013 →

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.