Ministry of Finance
Notification No. 101/2026 [F. No. 300196/88/2024-ITA-I] / SO 4190(E) : Notification section 536 (1) of the Income Tax Act 2025 (30 of 2025) in the case of Kerala Real Estate Regulatory Authority was published on 29 July 2026. Its subject is Ministry of Finance.
This grants an exemption or a relief under a provision that allows one. Read the conditions attached: an exemption notification is construed strictly, and a condition missed is the exemption lost.
The Central Government notifies the Kerala Real Estate Regulatory Authority (PAN AAAGK1025N), constituted by the Government of Kerala under sub-section (1) of section 20 of the Real Estate (Regulation and Development) Act, 2016, for the purposes of clause (46) of section 10 of the Income-tax Act, 1961. The specified income exempted is fees collected for registration of projects, agents or plots, fees for filing compensation and complaints, and government grants. Although the 1961 Act stands repealed by section 536(1) of the Income-tax Act, 2025, the notification is issued in pursuance of section 536(2)(a) to (c) and (e) of the 2025 Act, which preserve the operation of the repealed Act for earlier tax years and pending proceedings.
The savings provisions in section 536(2) of the Income-tax Act, 2025 keep the repealed 1961 Act alive for tax years beginning before 1 April 2026 and for pending proceedings, so an exemption for those years still has to be notified under the old law.
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 29th July, 2026
S.O. 4190(E).— Whereas, section 10 (46) of the Income-tax Act, 1961 (43 of 1961) provided for exemption of specified income of certain bodies or authorities or Boards or Trusts or Commissions as may be notified by the Central Government in the Official Gazette for the purposes of that section;
And whereas, the Income-tax Act, 1961 (43 of 1961) was repealed by section 536 (1) of the Income-tax Act, 2025 (30 of 2025);
And whereas, section 536(2)(a) and (b) of the Income-tax Act, 2025 (30 of 2025), inter alia, provides that irrespective of the repeal of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Act of 1961) and subject to sub-section (4) thereof, nothing shall affect-
(i) the previous operation of the provisions of the Act of 1961 and any order or anything duly done or suffered thereunder; or
(ii) any right, privilege, obligation or liability acquired, accrued or incurred under the Act of 1961 or orders under that Act;
And whereas, section 536(2)(c) of the Income-tax Act, 2025 (30 of 2025) provides that the provisions of the Act of 1961 shall continue to apply to any proceeding pending on the date of commencement of the Income-tax Act, 2025 (30 of 2025) and to any proceedings initiated on or after the 1st April, 2026 (including notices, assessment, reassessment, recomputation, rectification, penalty, reference, revision and appeals) in respect of any tax year beginning before the 1st April, 2026 and such proceedings shall be carried out as per the procedure specified in the Act of 1961;
And whereas, section 536(2)(e) of the Income-tax Act, 2025 (30 of 2025) provides that any proceeding pending on the date of its commencement before any income-tax authority or any other authority constituted under the repealed Income-tax Act, Appellate Tribunal, or any court, by way of application, appeal, reference or revision or by any other means, shall be continued and disposed of as if this Act had not been enacted;
Now, therefore, in pursuance of the provisions of section 536(2) (a) to (c) and (e) of the Income-tax Act, 2025 (30 of 2025), the Central Government hereby notifies, for the purposes of section 10 (46) of the Act of 1961, "Kerala Real Estate Regulatory Authority" (PAN:AAAGK1025N), an Authority constituted by Government of Kerala under sub-section (1) of Section 20 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016), in respect of the following specified income arising to the said authority, namely :-
(a) fees collected for registration of projects / agents / plot.
(b) fees for filing compensation and complaint; and
(c) government grants.
2. This notification shall be effective subject to the conditions that the Kerala Real Estate Regulatory Authority –
(a) shall not engage in any commercial activity;
(b) its activities and the nature of the specified income shall remain unchanged throughout the financial years; and
(c) shall file return of income in accordance with the provisions of section 139(4C) (g) of the Act of 1961.
3. Failure to comply with these conditions shall result in the initiation of penal actions under the provisions of the Act of 1961, and withdrawal of exemption granted under section 10(46) of the Act of 1961.
4. This notification shall be deemed to have been applied for assessment years 2023-24, 2024-25, 2025-26 and 2026-27 relevant for the financial years 2022-23, 2023-24, 2024-25 and 2025-2026.
[Notification No. 101/2026/F. No. 300196/88/2024-ITA-I]
HARDEV SINGH, Under Secy.
Explanatory Memorandum
It is certified that the interests of no person are being adversely affected by giving retrospective effect [with effect from the year of application filed before the Board or Income-tax Department] 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.
Assessment year 2023-24, retrospectively.
In the Authority's return of income filed under section 139(4C)(g) and in any assessment or reassessment for assessment years 2023-24 to 2026-27, where the fee and grant receipts are claimed as exempt specified income.
← Notification No. 102/2026 [F. No. 300196/88/2024-ITA-I] / SO 4191(E) : Notification Schedule III Table Sl No 36 read with section 11 of the Income Tax Act 2025 (30 of 2025) in the case of Kerala Real Estate Regulatory Authority · Notification No. 100/2026 [F.No.300196/16/2024-ITA-I] / SO 4122(E) : Notification u/s Schedule III Table Sl. No. 36 read with section 11 of the Income Tax Act, 2025 (30 of 2025) in the case of Chhattisgarh Real Estate Regulatory Authority →
Source: the Income Tax Department’s own published text — its page for this instrument.