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Case lawNotifications2016 › Notification No.59/2016 [F.No.142/8/2016-TPL] /SO 2476(E)
Notification 20 July 2016

Notification No.59/2016 [F.No.142/8/2016-TPL] /SO 2476(E)

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

What this is

Notification No.59/2016 [F.No.142/8/2016-TPL] /SO 2476(E) was published on 20 July 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 power under section 187 of the Finance Act, 2016, the Central Government amends its notification S.O. 1830(E) dated 19 May 2016 by substituting clause (ii). As substituted, the tax and surcharge payable under section 184 and the penalty payable under section 185 in respect of undisclosed income are to be paid in three instalments: not less than twenty-five per cent. of the tax, surcharge and penalty by 30 November 2016; not less than fifty per cent. of that amount, as reduced by what was paid in the first instalment, by 31 March 2017; and the whole of the amount payable under sections 184 and 185, as reduced by the earlier payments, by 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.184s.325
s.185s.326
s.187s.327

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 20th July, 2016

NOTIFICATION

S.O.2476(E).- In exercise of the powers conferred by section 187 of the Finance Act, 2016 (28 of 2016), the Central Government hereby amends the notification of the Ministry of Finance (Department of Revenue), notification number S.O.1830(E) dated the 19th May, 2016, published in the Gazette of India, Extraordinary, Part-II, Section3, Sub-section (ii) dated the 19th May, 2016.

2. In the said notification, for clause (ii), the following clause shall be substituted, namely:-

"(ii) 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 undisclosed income shall be as follows, namely:-

(a) the 30th day of November, 2016, for an amount not less than twenty-five per cent. of such tax, surcharge and penalty;

(b) the 31st day of March, 2017, for an amount not less than fifty per cent. of such tax, surcharge and penalty as reduced by the amount paid under clause (a);

(c) the 30th day of September, 2017, for the whole amount payable under section 184 and 185 as reduced by the amounts paid under clause (a) and (b);".

(Notification No.59/2016, F.No.142/8/2016-TPL)

(Dr. T.S. Mapwal)
Under Secretary to the Government of India

Note:- The principal notification was published vide notification number S.O. 1830(E), dated the 19th May, 2016.

From when

20 July 2016, the substituted dates being 30 November 2016, 31 March 2017 and 30 September 2017.

What to watch

Where you meet it

In the payment schedule attached to a declaration of undisclosed income under Chapter IX of the Finance Act, 2016, and in any question whether the declaration stands good for want of timely payment.

An example

Ours, not the Board’s: a worked case built from the rule the instrument sets, to show how it falls out.

Where the tax, surcharge and penalty on a declaration come to one hundred rupees, at least twenty-five rupees had to be paid by 30 November 2016; by 31 March 2017 the aggregate paid had to reach fifty rupees, that is at least a further twenty-five rupees; and the balance of fifty rupees by 30 September 2017.

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. 61/2016 [F. No. 142/13/2015-TPL] /SO 2478(E)  ·  Notification No.60/2016 [F.No.142/8/2016-TPL] /SO 2477(E) →

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.