Case law › Notifications › 2016 › Notification No. 49/2016 [F. No. 370142/10/2016-TPL] / SO 2179()E

Notification 22 June 2016

Notification No. 49/2016 [F. No. 370142/10/2016-TPL] / SO 2179()E

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

What this is

Notification No. 49/2016 [F. No. 370142/10/2016-TPL] / SO 2179()E was published on 22 June 2016. Its subject is [To BE Published in the Gazette of INDIA, Extraordinary, Part II, section 3, Sub-section (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.

What it does

The Income-tax (16th Amendment) Rules, 2016, made under section 101 read with section 295 of the Income-tax Act, 1961, amend rule 10U of the Income-tax Rules, 1962. In clause (d) of sub-rule (1), the words "30th day of August, 2010" are substituted by "1st day of April, 2017", and in sub-rule (2) the words "1st day of April, 2015" are substituted by "1st day of April, 2017". Both cut-off dates in the rule are thereby moved to 1 April 2017.

Who it reaches

Taxpayers with arrangements entered into before the substituted cut-off dates
Advisers testing an arrangement against rule 10U
Assessing Officers applying the provisions for which section 101 provides guidelines

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 Act	Now
s.3	s.3
s.101	s.183
s.295	s.533

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
[CENTRAL BOARD OF DIRECT TAXES]

NOTIFICATION

New Delhi, the 22nd June, 2016

INCOME-TAX

S.O. 2179(E).- In exercise of the powers conferred by section 101, read with section 295 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 (16th Amendment) Rules, 2016.

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

2. In the Income-tax Rules, 1962, in rule 10U,-

(i) in sub-rule (1), in clause (d), for the figures, letters and words "30th day of August, 2010", the figures, letters and words "1st day of April, 2017" shall be substituted;

(ii) in sub-rule (2), for the figures, letters and words "1st day of April, 2015", the figures, letters and words "1st day of April, 2017" shall be substituted.

[Notification No. 49/2016/ F. No. 370142/10/2016-TPL]

(Niraj Kumar)
Under Secretary (Tax Policy and Legislation)

Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii) vide number S.O. 969 (E) dated the 26th March, 1962 and was last amended vide notification number S.O. 2151(E), dated the 20th June, 2016.

What it changes

The rule numbers are the 1962 Rules’ own, as the notification names them. The right-hand column is the department’s own mapping into the Income-tax Rules, 2026, which renumbered nearly everything.

Rule of the 1962 Rules	Now, in the 2026 Rules
Rule 10U	rule 128

From when

the date of publication in the Official Gazette.

What to watch

The rules come into force from the date of their publication in the Official Gazette; no retrospective effect is stated.
Both the date in clause (d) of rule 10U(1) and the date in rule 10U(2) become 1 April 2017, so the two limbs now turn on the same date.
Only the dates change; the substance of rule 10U is untouched, and the extract does not reproduce the rule, so its terms must be read from the principal rules.
The Note records that the principal rules were last amended vide S.O. 2151(E) dated 20 June 2016.

Where you meet it

When testing an arrangement against rule 10U in the course of assessment, and in advising whether an arrangement entered into before the substituted date is outside the rule.

What it names

Rules it names. Rule 10U 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.

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. 94/2026 [F. No. 370142/24/2026-TPL] / G.S.R. 646(E) : Income-tax (Second Amendment) Rules, 2026 : Amendment of rule 157 of the Income tax Rules, 2026 to align the definition of the specified fund with rule 114AAB of the Income tax Rules, 1962 — Ministry of Finance 21 July 2026
Notification No. 64 — [भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 7 16 April 2026
Notification No. 63/2026 [F. No. 370142/13/2026-TPL]/ GSR 268(E) — 2 the Gazette of INDIA : Extraordinary [Part Ii—sec. 3(i)] 10 April 2026
Notification No. 62/2026 [F. No. 370142/10/2026-TPL]/ GSR 267(E) — Ministry of Finance 10 April 2026
Notification No. 61/2026 [F. No. 370142/9/2026-TPL] / GSR 266(E) — [भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 3 10 April 2026
Notification No. 60/2026 [F. No. 370142/8/2026-TPL]/ GSR 265(E) — 2 the Gazette of INDIA : Extraordinary [Part Ii—sec. 3(i)] 10 April 2026

← Notification No. NO.51/2016 [(F.NO.197/39/2015-ITA-I)] / SO 2184(E) · Notification No. 11/2016 →

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.