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Case lawNotifications2023 › Notification No. 35/2023 [F. No. 370142/14/2023-TPL] / GSR 403(E)
Notification 31 May 2023

Notification No. 35/2023 [F. No. 370142/14/2023-TPL] / GSR 403(E)

Income-tax (8th Amendment) Rules, 2023

What this is

Notification No. 35/2023 [F. No. 370142/14/2023-TPL] / GSR 403(E) was published on 31 May 2023. Its subject is Income-tax (8th Amendment) Rules, 2023.

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.

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 31st May, 2023 INCOME-TAX G.S.R. 403(E). — In exercise of the powers conferred by clause (XI) of the proviso to clause

(x) of sub- section

(2) of section 56 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 (Eighth Amendment) Rules, 2023.

(2) They shall come into force from the 1st day of April, 2023 and shall be applicable for the assessment year 2023-2024 and subsequent assessment years.

2. In the Income-tax Rules, 1962, in rule 11UAC, for clause (4), the following clause shall be substituted, namely: — “(4) any movable property, being equity shares, of a public sector company or a company, received by a person from a public sector company or the Central Government or any State Government under strategic disinvestment. Explanation - For the purposes of this clause, 'strategic disinvestment' shall have the same meaning as assigned to it in clause

(iii) of Explanation to clause

(d) of sub-section

(1) of section 72A. ”. [Notification No. 35 /2023/F. No. 370142/ 14 /2023-TPL] JIVITESH ANAND, Under Secy. (Tax Policy and Legislation) 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 last amended by the Income-tax (Seventh Amendment) Rules, 2023, vide notification number G.S.R. 399 (E), dated 30th May, 2023 Explanatory Memorandum : It is certified that no person is being adversely affected by giving retrospective effect to this notification. 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. 36/2023 [F. No. 500/PF9/S10(23FE)/FT&TR-II(2)] / SO 2501(E)  ·  Notification No. 34/2023 [F. No. 370142/13/2023-TPL] / GSR 399(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.