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Case lawNotifications2014 › Notification No. 77/2014 [F.No. 187/37/2014 (ITA.I)/ SO 3125(E)
Notification 10 December 2014

Notification No. 77/2014 [F.No. 187/37/2014 (ITA.I)/ SO 3125(E)

Section 120(1) and (2) of the Income TAX Act, 1961 - Income TAX Authorities - Jurisdiction of - Supersession of Notification No. SO. 1942(E), Dated 19-8-2011

What this is

Notification No. 77/2014 [F.No. 187/37/2014 (ITA.I)/ SO 3125(E) was published on 10 December 2014. Its subject is Section 120(1) and (2) of the Income TAX Act, 1961 - Income TAX Authorities - Jurisdiction of - Supersession of Notification No. SO. 1942(E), Dated 19-8-2011.

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

The Central Board of Direct Taxes, in exercise of the powers conferred by sub-sections (1) and (2) of section 120 of the Income-tax Act, 1961, and in supersession of notification S.O. 1942(E) dated 19th August, 2011, except as respects things done or omitted to be done before such supersession, makes a fresh jurisdiction order for the intelligence and criminal investigation wing. It directs that the Director General of Income-tax (Intelligence and Criminal Investigation), New Delhi, specified in column (2) of Schedule-I with headquarters as in column (3), shall exercise powers and perform functions in respect of the territorial areas, persons or classes of persons, incomes or classes of incomes, or cases or classes of cases over which the Directors of Income-tax specified in column (4) of that Schedule have jurisdiction. It further directs that the Directors of Income-tax specified in column (2) of Schedule-II, with headquarters as in column (3), shall exercise the powers and perform the functions specified in column (5) in respect of the territorial areas specified in column (4). It also authorises those authorities to issue orders in writing to the income-tax authorities subordinate to them for the exercise of the powers and functions specified in column (5) of Schedule-II within their territorial areas.

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.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.

SECTION 120(1) AND (2) OF THE INCOME TAX ACT, 1961 - INCOME TAX AUTHORITIES - JURISDICTION OF - SUPERSESSION OF NOTIFICATION NO. SO. 1942(E), DATED 19-8-2011

NOTIFICATION NO. 77/2014 [F.NO. 187/37/2014 (ITA.I)/ SO 3125(E), DATED 10-12-2014

In exercise of the powers conferred by sub-sections (1) and (2) of section 120 of the Income-tax Act, 1961 (43 of 1961) and in supersession of the notification of the Government of India, Central Board of Direct Taxes number S.O. 1942(E), dated the 19th August, 2011 published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (ii), dated the 19th August, 2011, except as respects things done or omitted to be done before such supersession, the Central Board of Direct Taxes hereby,—

(i)

directs that the Director General of Income-tax (Intelligence and Criminal Investigation), New Delhi, specified in column (2) of the Schedule-I annexed to this notification, having his headquarters at the place specified in the corresponding entries in column (3) of the said Schedule, shall exercise powers and perform functions in respect of such territorial areas or such persons or classes of persons or such incomes or classes of incomes or such cases or classes of cases, in respect of which the Directors of Income-tax specified in column (4) of the said Schedule are having jurisdiction;

(ii)

directs that the Director(s) of Income-tax specified in column (2) of the Schedule-II annexed to the notification, having their headquarters at the places specified in the corresponding entry in column (3) of the Schedule-II, shall exercise powers and perform functions specified in column (5) of the Schedule-II in respect of the territorial areas specified in corresponding entry of column (4) of the aforesaid Schedule-II;

(iii)

authorises the Director General of Income-tax (Intelligence and Criminal Investigation) specified in column (2) of Schedule-I or Director(s) of Income-tax (Intelligence and Criminal Investigation) Specified in column (2) of Schedule-II in this Notification to issue orders in writing to the Income-tax authorities subordination to them for the exercise of such powers and functions specified in column (5) of the Schedule-II, in respect of territorial areas under their jurisdiction;

SCHEDULE-I

2. This notification shall come into force from the date of publication in the Official Gazettee.

■■

From when

the date of publication in the Official Gazette.

What to watch

Where you meet it

In an objection to the jurisdiction of an officer of the Intelligence and Criminal Investigation wing, and in tracing the authority behind a notice or enquiry issued by that wing.

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.78/2014 [F. No. 196/22/2014-ITA.I] / SO 3172(E)  ·  Notification No. 76 /2014 [F. No. 196/26/2014-ITA. I] / SO 3027(E) →

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.