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Core Purpose

Notification under clause (46) of section 10 of the Income-tax Act, 1961, exempting specified income of the Tamil Nadu Electricity Regulatory Commission from income tax, with retrospective effect for assessment years 2018-2019 through 2022-2023.

Detailed Summary

In exercise of powers under clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government, Ministry of Finance (Department of Revenue, Central Board of Direct Taxes), vide S.O. 1965(E) dated 8th May, 2024 (Notification No. 42/2024, F. No. 300196/40/2019-ITA-I), notified the Tamil Nadu Electricity Regulatory Commission (PAN AAAGT0048J), a body constituted by the Government of Tamil Nadu, for exemption of specified income comprising government grants; fees levied under clause (g) of sub-section (1) of section 86 read with section 181 of the Electricity Act, 2003; penalties levied under section 146 of the Electricity Act, 2003; and interest earned on bank deposits. The exemption is conditional on the Commission not engaging in commercial activity, its activities and the nature of the specified income remaining unchanged, and its filing returns of income under clause (g) of sub-section (4C) of section 139 of the Income-tax Act, 1961. The notification is deemed to apply retrospectively to assessment years 2018-2019, 2019-2020, 2020-2021, 2021-2022 and 2022-2023, relevant to financial years 2017-2018 through 2021-2022; the explanatory memorandum certifies no person is adversely affected by the retrospective effect. Signed by Castro Jayaprakash T., Under Secretary.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-08052024-254111 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 1872] NEW DELHI, WEDNESDAY, MAY 8, 2024/VAISAKHA 18, 1946 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 8th May, 2024 S.O. 1965(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, 'Tamil Nadu Electricity Regulatory Commission' (PAN AAAGT0048J), a body constituted by the Government of Tamil Nadu, in respect of the following specified income arising to that Commission, namely: (a) Government Grants; (b) fees levied under clause (g) of sub-section (1) of Section 86 read with Section 181 of the Electricity Act, 2003; (c) penalties levied u/s 146 of the Electricity Act, 2003; and (d) Interest earned on bank deposits. 2. This notification shall be effective subject to the conditions that Tamil Nadu Electricity Regulatory Commission- (a) shall not engage in any commercial activity; (b) 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 provision of clause (g) of sub-section (4C) of section 139 of the Income-tax Act, 1961. 3. This notification shall be deemed to have been applied for assessment years 2018-2019, 2019-2020, 2020- 2021, 2021-2022 and 2022-2023 relevant for the financial years 2017-2018, 2018-2019, 2019-2020, 2020-2021 and 2021-2022 respectively. [Notification No. 42/2024 F. No. 300196/40/2019-ITA-I] CASTRO JAYAPRAKASH T., Under Secy. 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.

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