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Case lawNotifications2020 › Notification No. 25/2020 [F.No. 370142/14/2020-TPL]/GSR 304(E)
Notification 20 May 2020

Notification No. 25/2020 [F.No. 370142/14/2020-TPL]/GSR 304(E)

Amendment of the Income-tax Rules, 1962 to provide for Safe Harbour Rules

What this is

Notification No. 25/2020 [F.No. 370142/14/2020-TPL]/GSR 304(E) was published on 20 May 2020. Its subject is Amendment of the Income-tax Rules, 1962 to provide for Safe Harbour Rules.

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. The Hindi of the bilingual gazette is not reproduced: these files use a legacy Devanagari font that does not survive extraction, and a garbled transliteration would be worse than none. It is in the department’s file. For anything you rely on, read the file itself.

MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 20th May, 2020 INCOME-TAX G.S.R. 304(E). — In exercise of the powers conferred by section 295 read with sub-section

(2) of section 92CB 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 (9th Amendment) Rules, 2020.

(2) They shall come into force and shall be deemed to have come into force from the 1st day of April, 2020.

2. In the Income-tax Rules, 1962, —

(i) in rule 10TD, after sub-rule (3A), the following rule shall be inserted, namely: — “(3B) The provisions of sub-rules

(1) and (2A) shall apply for the assessment year 2020- 21”;

(ii) in rule 10TE, in sub-rule (2), after the third proviso, the following proviso shall be inserted, namely: ___ “Provided also that nothing contained in this sub -rule shall apply to the option for safe harbour validly exercised under sub- rule (3B) of rule 10TD.”; and

(iii) in Appendix II, in Form No 3CEFA, in the heading, in the brackets, for the word and figure “rule 10” the word, figure and letters “rule 10TE” shall be s ubstituted. [Notification No. 25/2020/ F. No. 370142/14/2020-TPL] NEHA SAHAY, Under Secy. (Tax Policy and Legislation)

[ II — 3(i)] : 3 Explanatory Memorandum: It is hereby certified that no person is being adversely affected by giving retrospective effect to these rules. Note: 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 vide notification number GSR No. 282(E), dated the 06th May, 2020. 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.

Source: the department’s file.

← Notification No. 26/2020 [F.No.300196/9/2019-ITA-I] / SO 1563(E)  ·  Notification No. 24/2020 [F. No. 176/8/2017/ITA-I] / SO 1434(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.