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Case lawNotifications2019 › Notification No. 59/2019/F. No. 370142/13/2019-TPL / GSR 614(E)
Notification 30 August 2019

Notification No. 59/2019/F. No. 370142/13/2019-TPL / GSR 614(E)

Ministry of Finance

What this is

Notification No. 59/2019/F. No. 370142/13/2019-TPL / GSR 614(E) was published on 30 August 2019. 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 (Fifth Amendment) Rules, 2019 amend rule 114 of the Income-tax Rules, 1962. Three new sub-rules are inserted after sub-rule (1): sub-rule (1A) deems a person who has no permanent account number but possesses an Aadhaar number, and has furnished, intimated or quoted it in lieu of the permanent account number under sub-section (5E) of section 139A, to have applied for allotment of a permanent account number without any application or documents; sub-rule (1B) allows such a person to apply under sub-section (1), (1A) or (3) of section 139A to the authorities in sub-rule (2) merely by intimating his Aadhaar number, again without documents; and sub-rule (1C) requires the Principal Director General or Director General of Income-tax (Systems) to authenticate the Aadhaar number on receipt of that information. A new sub-rule (7) is inserted after sub-rule (6) requiring the Principal Director General or Director General of Income-tax (Systems) to lay down formats, standards and procedures for furnishing, intimating, quoting and authenticating the Aadhaar number and for obtaining demographic information from the Unique Identification Authority of India, and to be responsible for security, archival and retrieval policies.

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.139As.2, s.262
s.295s.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 30th August, 2019
G.S.R. 614(E).—In exercise of the powers conferred by section 139A 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 (Fifth Amendment) Rules, 2019.
(2) They shall come into force from the 1st day of September, 2019.
2. In the Income-tax Rules, 1962, in rule 114, __
(i) after sub-rule (1), the following sub-rules shall be inserted, namely: __
"(1A) Any person, who has not been allotted a permanent account number but possesses the Aadhaar number and has furnished or intimated or quoted his Aadhaar number in lieu of the permanent account number in accordance with sub-section (5E) of section 139A, shall be deemed to have applied for allotment of permanent account number and he shall not be required to apply or submit any documents under this rule.
(1B) Any person, who has not been allotted a permanent account number but possesses the Aadhaar number may apply for allotment of the permanent account number under sub-section (1) or subsection (1A) or sub-section (3) of section 139A to the authorities mentioned in sub-rule (2) by intimating his Aadhaar number and he shall not be required to apply or submit any documents under this rule.
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(1C) The Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems) shall on receipt of information under sub-rule (1A) or sub-rule (1B), as the case may be, authenticate the Aadhaar number for that purpose.";
(ii) after sub-rule (6), the following sub-rule shall be inserted, namely: __
"(7) The Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems) shall lay down the formats and standards along with procedure for, __
(a) furnishing or intimation or quoting of Aadhaar number under sub-rule (1A); or
(b) intimation of Aadhaar number under sub-rule (1B); or
(c) authentication of Aadhaar number under sub-rule (1C); or
(d) obtaining demographic information of an individual from the Unique Identification Authority of India,
for ensuring secure capture and transmission of data and shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to furnishing or intimation or quoting or authentication of Aadhaar number or obtaining of demographic information of an individual from the Unique Identification Authority of India, for allotment of permanent account number and issue thereof.".
[Notification No. 59/2019/F. No. 370142/13/2019-TPL]
ANKUR GOYAL, Under Secy.
Note : (1) The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii) vide number S.O. 969 (E), dated the 26th March, 1962 and were last amended by the Income-tax (Fourth Amendment) Rules, 2019 vide notification No. G.S.R. 375(E), dated the 22nd May, 2019.
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 RulesNow, in the 2026 Rules
Rule 114rule 158, rule 245

From when

1 September 2019.

What to watch

Where you meet it

When quoting Aadhaar instead of a permanent account number in a return or a transaction under section 139A(5E), and in the automatic allotment of a permanent account number that follows.

What it names

Rules it names. Rule 114 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. 60/2019 [F.No.370142/14/2018-TPL]/SO 3215(E)  ·  Notification No. 2/2019 [F. No. V. 27013/3/2018-SO(NAT.COM)]/SO 3122(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.