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Case lawNotifications2019 › Notification No. 32/2019 [F.No.370142/1/2019-TPL] / GSR 279(E)
Notification 1 April 2019

Notification No. 32/2019 [F.No.370142/1/2019-TPL] / GSR 279(E)

Income-tax (Second Amendment) Rules, 2019

What this is

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.

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. 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] →

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.