Case law › Notifications › 2018 › Notification No. 88/2018/ F. No. 370142/17/2018-TPL / GSR 1217(E)

Notification 18 December 2018

Notification No. 88/2018/ F. No. 370142/17/2018-TPL / GSR 1217(E)

Ministry of Finance

What this is

Notification No. 88/2018/ F. No. 370142/17/2018-TPL / GSR 1217(E) was published on 18 December 2018. Its subject is Ministry of Finance.

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 (14th Amendment) Rules, 2018, made under sub-section (4) of section 286 read with section 295 of the Income-tax Act, 1961. In Part II of the Income-tax Rules, 1962, in rule 10DB, sub-rule (4) is substituted. As substituted, the period for furnishing the country-by-country report under section 286(4) by the constituent entity referred to in that sub-section is twelve months from the end of the reporting accounting year. A proviso is added: where the parent entity of the constituent entity is resident of a country or territory in which there has been a systemic failure and that failure has been intimated to the constituent entity, the period for submission of the report is six months from the end of the month in which the systemic failure was intimated.

Who it reaches

Indian constituent entities of international groups liable to file under section 286(4)
international groups whose parent is in a country with a systemic failure
transfer pricing officers examining country-by-country reporting
advisers computing the reporting deadline

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.286	s.511
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.

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION

New Delhi, the 18th December, 2018

INCOME-TAX

G.S.R. 1217(E).—In exercise of the powers conferred by sub-section (4) of section 286 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. Short title and commencement.

(1) This rule may be called the Income-tax (14th Amendment) Rules, 2018.

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

2. In the Income-tax Rules, 1962, in Part II, in rule 10DB, for sub-rule (4), the following sub-rule shall be substituted, namely:

"(4) The period for furnishing of the report under sub-section (4) of section 286 by the constituent entity referred to in that sub-section shall be twelve months from the end of the reporting accounting year:

Provided that in case the parent entity of the constituent entity is resident of a country or territory, where, there has been a systemic failure of the country or territory and the said failure has been intimated to such constituent entity, the period for submission of the report shall be six months from the end of the month in which said systemic failure has been intimated.".

[Notification No. 88/2018/ F. No. 370142/17/2018-TPL]

NIRAJ KUMAR, Under Secy. (Tax Policy and Legislation)

Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Subsection (ii) vide number S.O. 969(E), dated the 26th March, 1962 and were last amended vide notification number S.O. 6054(E) dated 6th December, 2018.

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.

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 10DB	rule 124

From when

the date of its publication in the Official Gazette.

What to watch

The rules come into force from the date of their publication in the Official Gazette.
The ordinary deadline is twelve months from the end of the reporting accounting year, not from any other date.
The systemic-failure proviso runs from the end of the month in which the failure is intimated to the constituent entity, so the intimation date must be recorded.
The principal rules were last amended by S.O. 6054(E) dated 6 December 2018.

Where you meet it

In the filing of the country-by-country report by an Indian constituent entity under section 286(4), and in penalty proceedings for delay in that filing.

What it names

Rules it names. Rule 10DB 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. 37/2019 [F.No. 500/15/2015-APA-I]/SO 1653(E) — ¹Hkkx IIµ[k.M 3(ii)º Hkkjr dk jkti=k % vlk/kj.k 5 25 April 2019
Circular No. 7/2019 — Extending the due date for furnishing of report u/s 286 4 of the income tax act 1961 8 April 2019
Circular No. 9/2018 — Extending the due date for furnishing of report under section 286 4 of the income tax act 1961 26 December 2018
Circular No. 26/2017 — Order under section 119 of the income tax act 1961 in respect of extension of due date for filing of country by country 25 October 2017
Notification No. 54/2026 [F. No. 370142/15/2026-TPL] / G.S.R. 240(E) — Ministry of Finance 31 March 2026
Notification No. 52/2026 [F.No. 370142/13/2026-TPL] / G.S.R. 233(E) — (Central Board of Direct Taxes) 30 March 2026

← Notification No. 89/2018 [F.No.500/124/97-FTD-II]S.O. 6247(E) · Notification No. 87/2018 [F.No. 285/24/2018-IT(Inv.V) CBDT]/SO 6141(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.