[To BE Published in the Gazette of INDIA. Extraordinary, Part II, section 3, Subsection (ii)]
Notification No. 84/2015 [F.No.133/43/2015-TPL]/S.O. 2877(E) was published on 20 October 2015. Its subject is [To BE Published in the Gazette of INDIA. Extraordinary, Part II, section 3, Subsection (ii)].
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.
Made under section 295 read with clause (47) of section 10 of the Income-tax Act, 1961, the Income-tax (17th Amendment) Rules, 2015 substitute sub-rules (1) and (2) of rule 2F of the Income-tax Rules, 1962, which sets the conditions for an infrastructure debt fund. As substituted, sub-rule (1) requires the Infrastructure Debt Fund to be set up as a non-banking financial company conforming to and satisfying the conditions laid down by the Reserve Bank of India in the Infrastructure Debt Fund - Non-Banking Financial Companies (Reserve Bank) Directions, 2011 dated 21 November 2011, as amended by the Reserve Bank's notification of 14 May 2015. Sub-rule (2) requires the fund's moneys to be invested only in post commencement operation date infrastructure projects that have completed at least one year of satisfactory commercial operations, being either public private partnership projects that are party to a concession agreement with the concession authorities and the project authority providing for compulsory buyout and termination payment, or non-public private partnership projects and public private partnership projects without a project authority, in sectors where there is no project authority.
[TO BE PUBLISHED IN THE GAZETTE OF INDIA. EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (ii)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
[CENTRAL BOARD OF DIRECT TAXES]
(INCOME-TAX)
Notification
New Delhi, the 20th October, 2015
S.O. (E). In exercise of the powers conferred by section 295, read with clause (47) of section 10 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 (17th Amendment) Rules, 2015.
(2) They shall come into force from the 14th day of May, 2015.
2. In the Income-tax Rules, 1962, in rule 2F, for sub-rules (1) and (2), the following sub-rules shall be substituted, namely:-
"(1) The Infrastructure Debt Fund shall be set up as a Non-Banking Financial Company conforming to and satisfying the conditions provided by the Reserve Bank of India in the Infrastructure Debt Fund - Non-Banking Financial Companies (Reserve Bank) Directions, 2011, vide notification No. DNBS.J33ICGM (US)-2011, dated the 21st November, 2011 as amended vide notification No. DNBR.OZW. CGM (CDS)-1015, dated the 14th May, 2015.
(2) The funds of the Infrastructure Debt Fund shall be invested only in Post Commencement Operation Date Infrastructure Projects which have completed at least one year of satisfactory commercial operations that are-
(i) Public Private Partnership Projects and a party to a concession agreement with the concession authorities and the project authority for ensuring compulsory buyout and termination payment;
(ii) Non-Public Private Partnership Projects and Public Private Partnership Projects without a project authority, in sectors where there is no project authority."
[Notification No. RH-__, 2015 F. 10.133143/2015-TPL]
R. LAKSHMI NARAYANAN
Under Secretary (Tax Policy and Legislation)Note.- The principal rules were published in the Gazette of India Extraordinary, part III, section 3, sub-section (i), vide notification number S.O. 969(E), dated the 26th March, 1962 and were last amended vide notification number S.O.1189(E), dated the 19th October, 2015.
| Rule of the 1962 Rules | Now, in the 2026 Rules |
|---|---|
| Rule 2F | rule 288 |
14 May 2015, retrospectively.
In an infrastructure debt fund's claim to exemption under section 10(47) in its return, and in any examination of whether its investments and its constitution satisfy rule 2F.
Rules it names. Rule 2F 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.
← Notification No. 85/2015 (F. No. 142/20/2015 –TPL)] / SO 2888(E) · Notification No. 83/2015 [F.No.142/25/2015-TPL] / SO 2860(E) →
Source: the Income Tax Department’s own published text — its page for this instrument.