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Case lawNotifications2020 › Notification No. 19/2020 [F.No.300196/63/2018-ITA-I] / SO 1188(E)
Notification 20 March 2020

Notification No. 19/2020 [F.No.300196/63/2018-ITA-I] / SO 1188(E)

Ministry of Finance

What this is

Notification No. 19/2020 [F.No.300196/63/2018-ITA-I] / SO 1188(E) was published on 20 March 2020. Its subject is Ministry of Finance.

What it does

In exercise of the power under clause (46) of section 10 of the Income-tax Act, 1961, the Central Government amends its notification S.O. 1537(E) dated 9 April 2019. The third paragraph is substituted so that the notification is deemed to have applied for the period from 1 June 2011 to 31 March 2012 in assessment year 2012-13 and for assessment years 2013-14 to 2018-19, and applies with respect to assessment years 2019-20, 2020-21, 2021-22, 2022-23 and 2023-24. An explanatory memorandum is inserted at the end of that notification recording the reason for the retrospective operation.

Why it was issued

The inserted explanatory memorandum states that retrospective effect is given for the period from 1 June 2011 to 31 March 2012 in assessment year 2012-13 and for assessment years 2013-14 to 2018-19 in view of the order of the High Court of Karnataka in Mysore Palace Board v. the Central Board of Direct Taxes and 3 Others, W.P. No. 40801 of 2019 (T-IT), dated 17 December 2019, and certifies that no person's interest is adversely affected.

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
s.10s.11, s.19

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 20th March, 2020
S.O. 1188(E).— In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby makes the following amendments in the notification of the Government of India, Ministry of Finance, (Department of Revenue), (Central Board of Direct Taxes) number S.O.1537(E) dated 09th April, 2019 published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), namely:-

2. In the said notification,-
(a) for the third paragraph, the following paragraph shall be substituted, namely;-
"3. This notification shall be deemed to have been applied for the period from 01-06-2011 to 31-03-2012 in the assessment year of 2012-2013 and also from the assessment years 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019 and shall apply with respect to the assessment years 2019-2020, 2020-2021, 2021-2022, 2022-2023, and 2023-2024.";
(b) at the end, the following Explanatory Memorandum shall be inserted, namely:-
"Explanatory Memorandum
This notification shall be given retrospective effect for the period from 01-06-2011 to 31-03-2012 in the assessment year of 2012-2013 and also from the assessment years 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019, in view of the order of the Hon'ble High Court of Karnataka in the matter of Mysore Palace Board V. the Central Board of Direct Taxes and 3 Others [W.P. No.40801 of 2019 (T-IT)], dated 17th Day of December, 2019. It is certified that by giving retrospective effect to the notification no person interest will adversely get affected.".

3. This notification shall be deemed to have come into effect from 09th April, 2019.
[Notification No. 19/2020/ F.No.300196/63/2018-ITA-I]
PRAJNA PARAMITA, Director
[भाग II—खण् ड 3(ii)] भारत का राजपत्र : ऄसाधारण 3

Explanatory Memorandum
It is hereby certified that no person interest is adversely affected by giving retrospective effect to this notification from 9th April, 2019.

Note: The Principal notification was published in the Gazette of India, Extraordinary, Part-II, Section 3, Subsection (II) vide No. S.O. 1537(E) dated the 09th April, 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.

From when

9 April 2019, retrospectively.

What to watch

Where you meet it

In the notified body's returns and assessments for the years now covered, and in any proceeding for an earlier year reopened or pending on the strength of the earlier text.

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.22 [F.No. 505/01/1982-FTD-I (Pt.)]/ SO 1370(E)  ·  Notification No. 20/2020 [F. No.189/3/2020-ITA-I] / SO 1189(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.