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Case lawNotifications2016 › Notification No. 75/2016 [F. No. 370142/19/2016-TPL] / SO 2747(E)
Notification 19 August 2016

Notification No. 75/2016 [F. No. 370142/19/2016-TPL] / SO 2747(E)

Income-tax (21st Amendment) Rules, 2016

What this is

Notification No. 75/2016 [F. No. 370142/19/2016-TPL] / SO 2747(E) was published on 19 August 2016. Its subject is Income-tax (21st Amendment) Rules, 2016.

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.

The instrument itself

The text, as the department published it

Read from the department’s own PDF, linked below, and reproduced without editing. Line breaks and spacing are ours; the words are not. The Hindi of the bilingual gazette is not reproduced: these files use a legacy Devanagari font that does not survive extraction, and a garbled transliteration would be worse than none. It is in the department’s file. For anything you rely on, read the file itself.

MINISTRY OF FINANCE (Department o f Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 19th August, 2016 INCOME-TAX S.O. 2747(E).— In exercise of the powers conferred by sub-section (1E) of section 206C 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 (21st Amendment) Rules, 2016.

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

2. In the Income-tax Rules, 1962 (hereafter referred to as the said rules), after rule 37CA and before 37D, the following rule shall be inserted, namely:— “Class or classes of buyers to whom provisions of sub-section (1D) of section 206C shall not apply. 37CB.

(1) The provisions of sub- section (1D) of section 206C in relation to sale of any goods (other than bullion or jewellery) or providing any service shall not apply to the following class or classes of buyers , namely:—

(i) Government;

(ii) embassies, Consulates, High Commissions, Legation or Commission and trade representation, of a foreign State;

(iii) institutions notified under United Nations (Privileges and Immunities) Act, 1947”. [Notification No. 75/2016/F. No. 370142/19/2016-TPL] PITAMBAR DAS, Director (Tax Policy and Legislation) Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section

(ii) vide notification number S.O.969(E), dated the 26th March, 1962 and last amended by the Income-tax (20th Amendment) Rules, 2016, vide notification number S.O.2671 (E), dated the 09.08.2016 . Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

Source: the department’s file.

← Notification No. 10/2016  ·  Notification No. 74/2016, F.No.142/8/2016-TPL/SO 2728(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.