VittSphere ONE Calculators Blog CA Firm CA Prabhakar Kumar · FCA · ICAI 560762
Case law › Notifications › 2021 › Notification No. 13/2021 [F. No. 142/15/2015-TPL]/ GSR No. 162(E)
Notification 9 March 2021

Notification No. 13/2021 [F. No. 142/15/2015-TPL]/ GSR No. 162(E)

Ministry of Finance

What this is

Notification No. 13/2021 [F. No. 142/15/2015-TPL]/ GSR No. 162(E) was published on 9 March 2021. 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 (2nd Amendment) Rules, 2021, made under clause (m) of sub-section (3) of section 9A read with section 295, insert two further provisos in sub-rule (12) of rule 10V of the Income-tax Rules, 1962, after the second proviso and before the Explanation. The first applies sub-rules (3) to (12) of rule 10VA mutatis mutandis to an application made under the second proviso, as they apply to an application under sub-rule (2) of that rule. The second provides that sub-rule (3) of rule 10VA shall not apply to an application made under the second proviso if it is for the previous year beginning on 1 April 2021 and is made on or before 1 February 2021.

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.9As.9
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 9th March, 2021
INCOME-TAX
G.S.R. 162(E).—In exercise of the powers conferred by clause (m) of sub-section (3) of section 9A 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. (1) These rules may be called the Income-tax (2nd Amendment) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962, in rule 10V, in sub-rule (12), after the second proviso and before the Explanation, the following provisos shall be inserted, namely:-
"Provided also that the provisions of sub-rules (3) to (12) of rule 10VA shall, mutatis mutandis, apply to the application made under the second proviso as they apply to application made under sub-rule (2) of the said rule:
Provided also that the provisions of sub-rule (3) of rule 10VA shall not apply to an application made under the second proviso, if it is for the previous year beginning on the 1st day of April, 2021, and made on or before the 1st day of February, 2021.".
[Notification No. 13/2021/ F. No. 142/15/2015-TPL]
VIPUL AGARWAL, Director (Tax Policy and Legislation Division)
Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (ii), vide number S.O. 969 (E), dated the 26th March, 1962 and were last amended vide notification number G.S.R. 155(E) dated the 5th March, 2021.
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 10Vrule 274
Rule 10VArule 275

From when

The date of publication in the Official Gazette (9 March 2021).

What to watch

Where you meet it

In an application by an eligible investment fund under rule 10V and its processing under rule 10VA, and in the fund's claim that it is not resident in India by reason of its fund manager.

What it names

Rules it names. Rule 10V, 10VA 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. 14/2021 [F. No. 187/7/2021 (ITA-I)] / SO 1160(E)  ·  Notification No. 12 /2021 [F.No. 203/13/2019/ITA-II] / SO 1069(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.