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Case lawNotifications2015 › Notification No.78 /2015 [F. No.142/20/2015-TPL] / SO 2791(E)
Notification 12 October 2015

Notification No.78 /2015 [F. No.142/20/2015-TPL] / SO 2791(E)

Income-tax (15th Amendment) Rules, 2015

What this is

Notification No.78 /2015 [F. No.142/20/2015-TPL] / SO 2791(E) was published on 12 October 2015. Its subject is Income-tax (15th Amendment) Rules, 2015.

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.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART – II, SECTION 3, SUB-SECTION (ii)] Government of India Ministry of Finance Department of Revenue (Central Board of Direct Taxes) (Income-tax) NOTIFICATION New Delhi, the 12th October, 2015 S.O.2791(E). – In exercise of the powers conferred by section 295, read with section 80DDB of 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 (15th Amendment) Rules, 2015.

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

2. In the Income-tax Rules, 1962 (hereinafter referred to as the said rules), in rule 11DD, for sub-rules

(2) and (3), the following sub-rules shall be substituted, namely:- “(2) The prescription in respect of the diseases or ailments specified in sub-rule

(1) shall be issued by the following specialists:-

(a) for diseases or ailments mentioned in clause ( i ) of sub-rule

(1) - a Neurologist having a Doctorate of Medicine (D.M.) degree in Neurology or any equivalent degree, which is recognised by the Medical Council of India;

(b) for diseases or ailments mentioned in clause ( ii ) of sub-rule

(1) - an Oncologist having a Doctorate of Medicine (D.M.) degree in Oncology or any equivalent degree which is recognised by the Medical Council of India;

(c) for diseases or ailments mentioned in clause

(iii) of sub-rule

(1) - any specialist having a post-graduate degree in General or Internal Medicine, or any equivalent degree which is recognised by the Medical Council of India;

(d) for diseases or ailments mentioned in clause ( iv ) of sub-rule

(1) - a Nephrologist having a Doctorate of Medicine(D.M.) degree in Nephrology or a Urologist having a Master of Chirurgiae(M.Ch.) degree in Urology or any equivalent degree, which is recognised by the Medical Council of India;

(e) for diseases or ailments mentioned in clause ( v ) of sub-rule

(1) – a specialist having a Doctorate of Medicine (D.M.) degree in Hematology or any equivalent degree, which is recognised by the Medical Council of India: Provided that where in respect of any diseases or ailments specified in sub-rule (1), the patient is receiving the treatment in a Government hospital, the prescription may be issued by any specialist working full-time in that hospital and having a post-

graduate degree in General or Internal Medicine or any equivalent degree, which is recognised by the Medical Council of India.

(3) The prescription referred to in sub-rule(2) shall contain the name and age of the patient, name of the disease or ailment along with the name, address, registration number and the qualification of the specialist issuing the prescription: Provided that where the patient is receiving the treatment in a Government hospital, such prescription shall also contain the name and address of the Government hospital. ” 3. In the said rules, in Appendix-II, Form No. 10-I shall be omitted. [Notification No.78 /2015/F. No.142/20/2015-TPL] (ArjuGarodia) Under Secretary (TPL) 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 vide notification number . S.O. 2663(E), dated the 29th October, 2015.

Source: the department’s file.

← Notification No. 79 /2015 [F.No.187/38/2014 (ITA.I)] / SO 2812(E)  ·  Notification No. 77/2015 [F. No. 500/137/2011-FTD-I] / SO 2676(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.