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Case lawNotifications2017 › Notification No. GSR 289(E) / [F. No. HRD/CM/188/01/2016-17/160/2017-Ad.Vll]
Notification 24 March 2017

Notification No. GSR 289(E) / [F. No. HRD/CM/188/01/2016-17/160/2017-Ad.Vll]

Ministry of Finance

What this is

Notification No. GSR 289(E) / [F. No. HRD/CM/188/01/2016-17/160/2017-Ad.Vll] was published on 24 March 2017. Its subject is Ministry of Finance.

What it does

In exercise of the power under the proviso to article 309 of the Constitution, the President makes the Income Tax Department (Inspector) Recruitment (Amendment) Rules, 2017, further amending the Income Tax Department (Inspector) Recruitment Rules, 1969. In the Schedule to those rules, the existing entry in column 6 is substituted by an entry reading "Not exceeding 30 years", relaxable for Government servants up to five years in accordance with the instructions or orders issued by the Central Government from time to time, with a note that the crucial date for determining the age limit shall be as advertised by the Staff Selection Commission.

Why it was issued

The explanatory memorandum states that the amendment is made as per the guidelines of the Department of Personnel and Training office memorandum dated 31 December 2010, and certifies that the amendment from a retrospective date will not affect anyone adversely as a similar provision existed in the earlier rules.

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

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.

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 24th March,2017
G.S.R. 289(E).-In exercise of the powers conferred by the proviso to article 309 of the constitution, the President hereby makes the following rules to further amend the Income Tax Department (Inspector) Recruitment Rules, 1969, namely:-
1. (a) These rules may be called the Income Tax Department (Inspector) Recruitment (Amendment) Rules, 2017.
(b) They shall be deemed to have come into force on the date of their publication in the Official Gazette.
2. In Schedule to the Income Tax Department (Inspector) Recruitment Rules, 1969, the following amendments shall be made namely-
Column 6
i) for the existing entry, the following entry shall be substituted namely:-
'Not exceeding 30 years'
(Relaxable for Government servants upto 5 years in accordance with the instructions or orders issued by the Central Government from time to time).
Note: The crucial date for determining the age limit shall be as advertised by the Staff Selection Commission.
EXPLANATORY MEMORANDUM
Principal Rules were published in Part-6 Section 3(i) of the Gazette of India vide G.S.R. No. 2800 dated the 20th December 1969, and subsequently amended vide G.S.R. No. 1372 dated the 19th December 1974 and G.S.R. No. 1099 dated the 20th August 1977 and G.S.R. No. 768 dated the 8th September 1986. This amendment is as per guidelines of DoPT OM-No. AB.14017/48/2010-Estt (RR) dated 31st December 2010.
It is also certified that the amendment from a retrospective date will not affect anyone adversely as similar provision existed in the earlier rules.
[F. No. HRD/CM/188101/2016-17/160/2017-Ad.Vjl
JATI SINGH MEENA, Under Secretary,
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.

From when

24 March 2017.

What to watch

Where you meet it

In the eligibility conditions stated in a Staff Selection Commission advertisement for the post of Inspector of Income Tax, and in any dispute about a candidate's age.

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 20/2017 [F.No.203/14/2016/ITA-II]  ·  Notification No. 17/2017 [F.No. 370142/4/2017-TPL] / GSR 283(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.