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Case lawNotifications2014 › Notification No.79 /2014 [F.No.142/12/2014-TPLI] / SO 3168(E)
Notification 12 December 2014

Notification No.79 /2014 [F.No.142/12/2014-TPLI] / SO 3168(E)

Income-tax (13th Amendment) Rules, 2014

What this is

Notification No.79 /2014 [F.No.142/12/2014-TPLI] / SO 3168(E) was published on 12 December 2014. Its subject is Income-tax (13th Amendment) Rules, 2014.

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.

The instrument itself

The text, as the department published it

Read from the department’s own PDF, linked below, and reproduced without editing. Line breaks and spacing are ours; the words are not. For anything you rely on, read the file itself.

1 [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART-II, SEC. 3, SUB- SECTION (ii)] MINISTRY OF FINANCE DEPARTMENT OF REVENUE (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION INCOME-TAX New Delhi, the 12th December, 2014 S.O. 3168 (E). – In exercise of the powers conferred by section 295 read with sub-clauses (iiiab) and (iiiac) of clause (23C) of section 10of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:-

1. (1) These rules may be called the Income-tax (13th Amendment) Rules, 2014.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Income-tax Rules, 1962, after rule 2BBA the following rule shall be inserted, namely:- “ 2BBB. Percentage of Government Grant for considering university, hospital etc. as substantially financed by the Government for the purposes of clause (23C) of section 10. For the purposes of sub-clauses (iiiab) and (iiiac) of clause (23C)of section 10, any university or other educational institution, hospital or other institution referred therein, shall be considered as being substantially financed by the Government for any previous year, if the Government grant to such university or other educational institution, hospital or other institution exceeds fifty percent. of the total receipts including any voluntary contributions, of such university or other educational institution, hospital or other institution, as the case may be, during the relevant previous year.”. [Notification No.79 /2014/F.No.142/12/2014-TPL] (Ashish Kumar) Director (Tax Policy and Legislation) Note. - The principal rules were published in the Gazette of India vide notification number S.O. 969 (E) dated the 26th March, 1962 and was last amended by the Income- tax Rules, vide notification S.O. No.3015 dated 28th November, 2014.

Source: the department’s file.

← Notification No. 81/2014 [F. No. 187/38/2014 (ITA.I)]/SO 3199(E)  ·  Notification No. 80/2014 [F. No.142/04/2014-TPL] /SO 3169(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.