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Case lawNotifications2016 › Notification No. 45/2016 [F.No. 173/03/2016-ITA-II] / SO 1160(E)
Notification 14 June 2016

Notification No. 45/2016 [F.No. 173/03/2016-ITA-II] / SO 1160(E)

A notification

What this is

Notification No. 45/2016 [F.No. 173/03/2016-ITA-II] / SO 1160(E) was published on 14 June 2016. Its subject is A notification.

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 Do not quote from this page.

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[afer +. 45 (2016/7. = 173/103/2016-artéhe-1]
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New Delhi, the [4th June, 2016
5.0. 1160,—In exercise of the powers conferred by the clause (ii) of the proviso to clause (viib) of sub-section (2) of section 56 of the Income-tax Act, 195] (43 of 1961), the Central Goverment, hereby notifies the ‘classes of persons’ for the purposes of the said clause as being the ‘person’ defined under sub-section (31) of section 2 of the said
Act, being resident, who make any consideration exceeding the face value for issues of shares of a ‘startup’ company.
Explanation. - For the purposes of this notification, “startup” shall mean a company in which the public are not substantially interested and which fulfills the conditions specified in the notification of the Government of India,
Ministry of Commerce and Industry, Department of Industrial Policy and Promotion, number G.S.R.1 80(E), dated the lth February, 2016, published in the Gazette of India, Extraordinary, part Il, section 4, sub-section (i), dated the 18th
February, 2016.
[Noufication No, 45/2016/F. No, 173/103/2016-ITA-I]
ROHIT GARG, Dy. Secy,
Hisar thers Geet

Source: the department’s scanned file.

← Notification No. 47/2016 [F. No. 275/53/2012 – IT(B)]  ·  Notification No. 9/2016 →

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.