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Case lawNotifications2016 › Notification No. 40/2016 [F.No. 196/03/2016-ITA-I]
Notification 2 June 2016

Notification No. 40/2016 [F.No. 196/03/2016-ITA-I]

Section 10(46) of the Income-tax Act, 1961 - Exemptions - statutory body/authority/board/commission - Notified body or authority

What this is

Notification No. 40/2016 [F.No. 196/03/2016-ITA-I] was published on 2 June 2016. Its subject is Section 10(46) of the Income-tax Act, 1961 - Exemptions - statutory body/authority/board/commission - Notified body or authority.

This grants an exemption or a relief under a provision that allows one. Read the conditions attached: an exemption notification is construed strictly, and a condition missed is the exemption lost.

The instrument itself

The text, read by machine from the scan

This is not the department’s typed text. The department published this one as a scanned image of a signed paper, so there is no text in the file to copy. What follows was read off that image by optical character recognition and is reproduced without correction — the mistakes you can see are the machine’s, and there may be others you cannot. It is here so the document can be found and read; it is not a substitute for the file, which is linked below. Do not quote from this page.

a [To be published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii)]
F Government of India
Ministry of Finance
Department of Revenue (Central Board of Direct Taxes)
NOTIFICATION a
New Delhi, the 9>° June, 2016
5.O.......(E).- In exercise of the powers conferred by clause (46) of section 10 of the Income-
tax Act, 1961 (43 of 1961), the Central Government hereby notifies for the purposes of the said clause, the Pollution Control Board, Assam, a body constituted by Government of
Assam, in respect of the followin & specified income arising to that Board, namely:-

(a) consent fees:

(b) analysis fees;

(c) reimbursement of the expense received from Central Pollution Control Board towards National Air Monitoring Programmes, global environment monitoring system and monitoring of India National Aquatic resources and

like schemes;

(dq) authorisation fees:

(e) cess re-imbursement and cess appeal fees;

(f) fees received under the RTI Act, 2005;

(s) public hearing fees;

(h) interest on loans & advances given to staff of the board:

(i) misc. income such as sale of old or sctap items, tender fees & other matters relating thereto and

(7) interest on deposits.

Z This notification shall be effective subject to the conditions that the Pollution Control
Board, Assam,-
(a) shall not engage in any commercial activity; (b) activities and the nature of the specified income remain unchanged throughout the financial years; and (c) shall file return of income in accordance with the provision of clause (2) of sub-section (4C) section 139 of the Income-tax Act, 1961.
3. This notification shall be deemed to have been apply for the Financial Year 2015-2016
and shall apply with respect to the Financial Years 2016-201 /, 2017-2018, 2018-2019 and
2019-20),
[Notification No. 70/2016 F.No.196/03/2016-ITA-I]
oe Director to the Government of India
The Manager,
Government of India Press,
Mayapuri Press,
New Dethi.

Source: the department’s scanned file.

← Notification No. 42/2016] [F.No. 142/5/2016-TPL]  ·  Notification No. 41/2016 [F.No. 196/87/2012-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.