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Core Purpose

Notification under clause (46) of section 10 of the Income-tax Act, 1961, notifying specified Real Estate Regulatory Authorities as a 'class of Authority' in respect of certain specified income for exemption purposes.

Detailed Summary

The Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, vide S.O. 3865(E) dated 1st September 2023 (Notification No. 76/2023), notified, in exercise of powers under clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), that Real Estate Regulatory Authorities constituted under sub-section (1) of Section 20 of the Real Estate (Regulation and Development) Act, 2016 (16 of 2016) are a 'class of Authority' in respect of specified income: (a) grant-in-aid or loan/advance received from Government, (b) fees/penalties received from builders, developers, agents or other stakeholders under the Real Estate (Regulation and Development) Act, 2016, and (c) interest earned on (a) and (b). The notification is conditional on the Authority not engaging in commercial activity, the nature of the specified income remaining unchanged, and the Authority filing income tax returns under clause (g) of sub-section (4C) of section 139 of the Income-tax Act, 1961. It applies with respect to financial year 2022-2023, relevant to assessment year 2023-2024. The Schedule names four Authorities with their PANs: Chhattisgarh Real Estate Regulatory Authority (AAAJC1049H), Uttarakhand Real Estate Regulatory Authority (AAALU0695H), Madhya Pradesh Real Estate Regulatory Authority (AAAGM0458B), and Real Estate Regulatory Authority, Punjab (AAAJR1281N). The notification was issued under F.No. 300196/19/2022-ITA-I and signed by Vikas Singh, Director (ITA-I), with an Explanatory Memorandum certifying no adverse effect from retrospective application.

Full Text

5604 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3704] NEW DELHI, FRIDAY , SEPTEMBER 1, 2023/ BHADRA 10, 1945 CG-DL-E-01092023-248477 (3) MINISTRY OF FINANCE (Department of Revenue ) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 1st September , 2023 S.O. 3 865(E).—In exercise of the powers conferred by clause (46) of section 10 of the Income -tax Act, 1961 (43 of 1961), the Central Government hereby notifies for the purposes of the said clause, ‘Real Estate Regulatory Authorities’ as specified in the schedule to this notification, constituted by Government in exercise of powers conferred under sub -section(1) of Section 20 of The Real Estate (Regulation and Development) Act, 2016 (16 of 2016) as a ‘class of Authority’ in respect of the following specified inco me arising to that Authority , namely: — (a) Amount received as Grant -in-aid or loan/advance from Government; (b) Fee/penalty received from builders/developers, agents or any other stakeholders as per the provisions of the Real Estate (Regulation and Development) Ac t, 2016; (c) Interest earned on (a) & (b) above. 2. This notification shall be effective subject to the conditions that each of the Real Estate Regulatory Authority - (a) shall not engage in any commercial activity; (b) activities and the nature of the specified incom e shall remain unchanged throughout the financial years; and (c) shall file return of income in accordance with the provision of clause (g) of sub -section (4C) of section 139 of the Income -tax Act, 1961. 3. This notification shall be deemed to be applied with respect to the financial year 2022 -2023 relevant to assessment year 2023 -2024. Schedule S.No. (1) Name of the Real Estate Regulatory Authority (2) PAN (3) 1 Chhatisgarh Real Estate Regulatory Authority AAAJC1049H 2 Uttarakhand Real Estate Regulatory Aut hority AAALU0695H 3 Madhya Pradesh Real Estate Regulatory Authority AAAGM0458B 4 Real Estate Regulatory Authority, Punjab AAAJR1281N [Notification No. 76 /2023, F.No. 300196/19/2022 -ITA-I] VIKAS SINGH, Director, (ITA -I) Explanatory Memorandum It is cer tified 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 R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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