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Case law › Notifications › 2016 › Notification No. 32/2016 [F.No.142/8/2016-TPL] / SO 1830(E)
Notification 19 May 2016

Notification No. 32/2016 [F.No.142/8/2016-TPL] / SO 1830(E)

To BE Published in the Gazette of INDIA, Extraordinary, Part II, section 3, Sub-section (ii)]

What this is

Notification No. 32/2016 [F.No.142/8/2016-TPL] / SO 1830(E) was published on 19 May 2016. Its subject is To BE Published in the Gazette of INDIA, Extraordinary, Part II, section 3, Sub-section (ii)].

What it does

In exercise of the powers under sections 183, 187 and 190 of the Finance Act, 2016, the Central Government appoints three dates for the declaration scheme in that Act. A declaration under sub-section (1) of section 183 may be made on or before 30 September 2016. The tax and surcharge payable under section 184, and the penalty payable under section 185 in respect of the undisclosed income, are payable on or before 30 November 2016. The benamidar is to transfer the asset to the declarant, being the person who provided the consideration for it, or to his legal representative, on or before 30 September 2017.

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.183no counterpart recorded
s.184s.325
s.185s.326
s.187s.327
s.190s.390

The instrument, as the Board published it

The department publishes this one only as a PDF, so the words below were read out of that PDF by machine. That reading can carry its own mistakes — a misread number, a broken line. Check the signed document before you rely on a figure in it.

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)
New Delhi, the 19th May, 2016
NOTIFICATION
S.O. 1830(E)- In exercise of the powers conferred by section 183, section 187 and section 190 of the Finance Act, 2016 (28 of 2016), the Central Government hereby appoints -
(i) the 30th day of September, 2016 as the date on or before which a person may make a declaration under sub-section (1) of section 183;
(ii) the 30th day of November, 2016 as the date on or before which the tax and surcharge is payable under section 184, and the penalty is payable under section 185 in respect of the undisclosed income;
(iii) the 30th day of September, 2017 as the date on or before which the benamidar shall transfer to the declarant, being the person who provides the consideration for such asset, or his legal representative.
[Notification No. 32/2016, F.No.142/8/2016-TPL
(Ekta Jain)
Deputy Secretary to the Government of India

What to watch

Where you meet it

In a declaration made under the scheme in Chapter IX of the Finance Act, 2016, in the challan for the tax, surcharge and penalty, and in the instrument transferring a benami asset back to the declarant.

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. 33/2016 [F.No.142/8/2016-TPL] / SO 1831(E)  ·  F. No. 173/237/2016-ITA-I →

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.