Income-tax (Second Amendment) Rules, 2019
Notification No. 32/2019 [F.No.370142/1/2019-TPL] / GSR 279(E) was published on 1 April 2019. Its subject is Income-tax (Second Amendment) Rules, 2019.
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.
Read from the department’s own PDF, linked below, and reproduced without editing. Line breaks and spacing are ours; the words are not. For anything you rely on, read the file itself.
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB- SECTION (i)] GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE [CENTRAL BOARD OF DIRECT TAXES] NOTIFICATION New Delhi, the 1st day of April, 2019 Income-tax G.S.R. 279(E). – In exercise of the powers conferred by section 139 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) These rules may be called the Income-tax (Second Amendment ) Rules, 2019.
(2) They shall come into force with effect from the 1st day of April, 2019.
2. In the Income-tax rules, 1962 (hereinafter referred to as the principal rules), in rule 1 2,
(a) in sub-rule (1),- (I) in the opening portion, for the figures “201 8 ”, the figures “201 9 ” shall be substituted; (II) in clause (a), in the proviso, after item (IC), the following items shall be inserted, namely: __ “(ID ) has claimed deduction under section 57, other than deduction claimed under clause (iia) thereof; (IE) is a director in any company; (IF) has held any unlisted equity share at any time during the previous year; (IG) is assessable for the whole or any part of the income on which tax has been deducted at source in the hands of a person other than the assesse; ” ; (III) in clause (ca), __
(i) in the opening portion, for the words “ a Hindu undivided family or a firm, other than a limited liability partnership firm, ”, the words “ a Hindu undivided family, who is a resident other than not ordinarily resident, or a firm, other than limited liability partnership firm, which is a resident” shall be substituted;
(ii) in the proviso, for item (I), the following items shall be substituted, namely: __ “(I ) has assets (including financial interest in any entity) located outside India;
(IA) has signing authority in any account located outside India; (IB) has income from any source outside India; (IC) has income to be apportioned in accordance with provisions of section 5A; (ID) is a director in any company; (IE) has held any unlisted equity share at any time during the previous year; (IF) has total income, exceeding fifty lakh rupees; (IG) owns more than one house property, the income of which is chargeable under the head “ Income from house property ” ; (IH) has any brought forward loss or loss to be carried forward under any head of income; (IJ) is assessable for the whole or any part of the income on which tax has been deducted at source in the hands of a person other than the assesse; ”; (IV) in clause (g), the words, brackets, figures and letters “or sub -section (4E) or sub- section (4F)” shall be omitted;
(b) in sub-rule (3), in the Table, in column (i), against the entries at serial number 1, in column (iii), for item (b), the following item shall be substituted, namely: __ “(b) Where total income assessable under the Act during the previous year of a person, being an individual of the age of eighty years or more at any time during the previous year, and who furnishes the return in Form number SAHAJ (ITR-1) or Form number SUGAM (ITR- 4).”;
(c) in sub- rule (5), for the figures “201 7 ”, the figures “201 8 ” shall be substituted.
3. In the principal rules, in Appendix II, for Forms “Form Sahaj (ITR-1), Form ITR-2, Form ITR-3, Form Sugam (ITR-4), Form ITR-5, Form ITR-6, Form ITR-7 and Form ITR-V ”, the following Form s shall, respectively, be substituted, namely;-
[Notification No. 32/2019/ F.No.370142/1/2019-TPL] (Saurabh Gupta) Under Secretary to the Government of India 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 (First Amendment) Rules, 2019, vide notification number G.S.R. No. 76(E), dated 30th January, 2019.
Source: the department’s file.
← Notification No. 35/2019 [F.No.300196/75/2018-ITA-I]/SO 1539(E) · Notification No. 31/2019 [F. No. 275/75/2019-ITA.II] →
Source: the Income Tax Department’s own published text — its page for this instrument.