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Case lawNotifications2022 › Notification No. 16/2022 [F. No. 370142/35/2020-TPL-Part-II] / SO 1440(E)
Notification 28 March 2022

Notification No. 16/2022 [F. No. 370142/35/2020-TPL-Part-II] / SO 1440(E)

Ministry of Finance

What this is

Notification No. 16/2022 [F. No. 370142/35/2020-TPL-Part-II] / SO 1440(E) was published on 28 March 2022. Its subject is Ministry of Finance.

What it does

Acting under sub-section (1) of section 3 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, and in partial modification of Notification Nos. 93/2020, 10/2021, 20/2021, 74/2021 and 113/2021, the Central Government specifies the relaxation dates where the specified Act is the Prohibition of Benami Property Transaction Act, 1988 and the action to be completed is the passing of an order under sub-section (3) of section 26 of that Act. The 30th day of June, 2021 is the end date of the period during which the time limit for completing that action falls, and the 30th day of September, 2022 is the end date to which that time limit stands extended.

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.26s.24

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 28th March, 2022
S.O. 1440(E).—In exercise of the powers conferred by sub-section (1) of section 3 of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020) (hereinafter referred to as the said Act), and in partial modification of the notification of the Government of India in the Ministry of Finance, (Department of Revenue) No. 93/2020 dated the 31st December, 2020 published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), number S.O. 4805(E), dated the 31st December, 2020 and No. 10/2021 dated the 27th February, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Subsection (ii), number S.O. 966(E) dated the 27th February, 2021, and No.20/2021 dated the 31st March, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O 1432(E) dated the 31st March, 2021 and No.74/2021 dated 25th June, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2580(E) dated the 25th June, 2021, and No. 113/2021 dated 17th September, 2021, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), number S.O. 3814(E) dated the 17th September, 2021, (hereinafter referred to as the said notifications), the Central Government hereby specifies for the purpose of sub-section (1) of section 3 of the said Act, that where the specified Act is the Prohibition of Benami Property Transaction Act, 1988, (45 of 1988) (hereinafter referred to as the Benami Act) and the completion of any action, as referred to in clause (a) of sub-section (1) of section 3 of the said Act, relates to passing of any order under sub-section (3) of section 26 of the Benami Act,—
(i) the 30th day of June, 2021 shall be the end date of the period during which the time limit specified in or prescribed or notified under the Benami Act falls, for the completion of such action; and
(ii) the 30th day of September, 2022 shall be the end date to which the time limit for completion of such action shall stand extended.
[Notification No. 16/2022 / F. No. 370142/35/2020-TPL-Part-II]
UMME FARDINA ADIL, Under Secy.,
Tax Policy and Legislation Division
Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide S.O. No. 4805(E) dated 31st December, 2020 and was last amended vide S.O. 3814(E) dated 17th September, 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 to watch

Where you meet it

When testing whether an order under section 26(3) of the Benami Act is within time, and in any challenge to such an order on limitation.

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. 15/2022 [F. No. 370142/13/2022-TPL] / SO 1400(E)  ·  Notification No. 14/2022 [F. No. 203/03/2021/ITA-II] / SO SO 985(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.