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Case law › Notifications › 2024 › Notification No. 12/2024 [F.No. C-14011/46/2018-V&L] / SO 311(E)
Notification 19 January 2024

Notification No. 12/2024 [F.No. C-14011/46/2018-V&L] / SO 311(E)

Ministry of Finance

What this is

Notification No. 12/2024 [F.No. C-14011/46/2018-V&L] / SO 311(E) was published on 19 January 2024. Its subject is Ministry of Finance.

What it does

An order made under sub-section (1) of section 4 of the Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972. Recording that the Central Government is of the opinion that it is necessary to summon witnesses for a departmental inquiry relating to a retired Income Tax Officer as the charged officer, it authorises the inquiring authority to exercise the power specified in section 5 of that Act. The authorisation is limited to summoning and enforcing the attendance of the eleven witnesses named in the notification and examining them on oath.

Why it was issued

The notification states that the Central Government is of the opinion that summoning these persons as witnesses is necessary for the purpose of the departmental inquiry against the charged officer.

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.4s.4
s.5s.5

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 19th January, 2024
S.O. 311(E).— WHEREAS, the Central Government is of the opinion that for the purpose of departmental inquiry relating to Shri S. Sarath(Retd.), Income Tax Officer, (Charged Officer), it is necessary to summon as witnesses, namely, (1) Sh.Vinod P S Shibu S/o P.K. Sreedharan, R/o Pezhuvelil home, Vadavathoor P.O. , Kottayam, Pin- 686019; (2) Sh. Ajayan S/o Sh. A.N. Gopalan, R/o Valechria Kumarakom P.O., Kottayam;
(3) Sh. Raju, S/o Sh. Appukkuttan Nair, R/o Kunnil Veedu, Manntodi, Veiloor, Murkkupuzha P.O., Thiruvananthapuram (Nityananda Madom, Chilambil, Sasthavattom. P.O., Thiruvananthapuram); (4) Y. Hari Kumar (Retd.) Addl. Sup. of Police, CBI/ACB, Bengaluru R/o Revathy house No. 209, Ward No. 4, Krishnapuram Village, Pullikkanakku, Kayamkulam Alappuzha, Pin-690573; (5) Sh. Satheesh Kumar M M, R/o Mannuserril house, Amalagiri P.O., Kottayam, Pin- 686561; (6) Sh. Bijumon M G, R/o Mundackal house, Cheruvandoor, Ettumanoor P.O., Kottayam, Pin- 686631; (7) Sh. Binesh Jacob Mathew, R/o Manamthadathil house, Pattithanam, P.O. Etturmannoor, Kottayam, Pin- 686631; (8) Sh. Joy Thomas, Prop. M/s Powath Jewellers, R/o Powath house, Kumarakom, P.O., Kottayam; (9) Sh. Manu M S, S/o Sh. Soman. K, R/o Mangala Mukidiyil, Mudiyoorkonam, P.O. Pandalam, Pathanamthitta; (10) Sh. Thomas Kurien, Finance and Administrative, Manager and Cashier M/s Vellapally Brothers R/o Vattackattu house, Pakkil P.O., Kottayam, District- 686012, Kerala; and (11) Sh. B. Govindan, S/o Late Sh. Bheema Bhatter, Chairman & Managing Director, M/s Bhima Jewellers, Thiruvananthapuram, R/o Krishaana, Bell Heaven Gardens, H.No. 38 Kowdiar, Trivandrum.
NOW, THEREFORE, in exercise of the power conferred by sub-section(1) of section 4 of the Departmental Inquiries (Enforcement of Attendance of Witnesses and Production of Documents) Act, 1972, the Central Government hereby authorises the inquiring authority to exercise the power specified in the section 5 of the Act in respect of the summoning and enforcing the attendance of witnesses and examining them on oath in relation to witnesses namely (1) Sh.Vinod P S Shibu; (2) Sh. Ajayan; (3) Sh. Raju; (4) Y. Hari Kumar; (5) Sh. Satheesh Kumar M M;
(6) Sh. Bijumon M G; (7) Sh. Binesh Jacob Mathew; (8) Sh. Joy Thomas; (9) Sh. Manu M S; (10) Sh. Thomas Kurien; and (11) Sh. B. Govindan.
[Notification No. 12/2024/ F.No. C-14011/46/2018-V&L]
Dr. VIVEK NANDAN, Under Secy.
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

In the record of a departmental disciplinary inquiry, where the inquiring authority issues summonses to outside witnesses and takes their evidence on oath.

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. 13/2024 [F.No. C-14011/41/2018-V&L] / SO 312(E)  ·  Notification No.11/2024 [F.No. 300196/42/2019-ITA-I] / SO 91(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.