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Core Purpose

Notification under clause (46) of Section 10 of the Income-tax Act, 1961, notifying 'State Pollution Control Board Odisha' as an entity eligible for exemption on specified categories of income for assessment years 2021-2022 to 2023-2024.

Detailed Summary

S.O. 3579(E) dated 10 August 2023, issued by the Ministry of Finance, Department of Revenue (Central Board of Direct Taxes) and published in the Gazette of India (Extraordinary, Part II, Section 3, Sub-section (ii), No. 3425, dated 10 August 2023). In exercise of powers under clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government notifies 'State Pollution Control Board Odisha' (PAN AAALS2490J), a Board constituted by the State Government of Odisha, in respect of specified income comprising: regulatory charges under environmental Acts and Rules; penalties and levies collected under governing statutes; grant-in-aid received from Central and State Governments (directly or as nodal agency); share of contributions received for environmental studies and research; miscellaneous income (sale of scrap, profit on sale of assets, RTI fees, forfeiture of bank guarantees, tender/examination/analysis/consultant fees, etc.); and interest earned on the foregoing. The notification is conditional on the Board not engaging in commercial activity, the nature of its activities and specified income remaining unchanged across financial years, and the Board filing its income return under section 139(4C)(g) of the Income-tax Act, 1961. It is deemed applicable for assessment years 2021-2022 to 2023-2024, relevant to financial years 2020-2021 to 2022-2023 respectively, with an Explanatory Memorandum certifying that no person is adversely affected by the retrospective effect. Issued as Notification No. 60/2023, File No. 300196/6/2020-ITA-I, signed by Vikas Singh, Director (ITA-I).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-10082023-248001 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 3425] NEW DELHI, THURSDAY, AUGUST 10, 2023/SHRAVANA 19, 1945 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 10th August, 2023 S.O. 3579(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, 'State Pollution Control Board Odisha' (PAN AAALS2490J), a Board constituted by the State Government of Odisha, in respect of the following specified income arising to that Board, namely: (a) Regulatory charges under different Environmental Acts & Rules thereunder; (b) Penalties & Levies collected under governing statutes; (c) Grant-in-aid received from Central & State Governments; (d) Grant in Aid received on behalf of Central & State Governments in the capacity of nodal agency; (e) Share of contributions received for carrying out environmental studies & research; (f) Miscellaneous income, like sale of scrap, profit on sale of assets, RTI application fees, forfeiture of Bank Guarantee, tender fees, examination fees, analysis charges and empanelment of consultant fees etc. and (g) Interest earned on (a) to (f) above. 2. This notification shall be effective subject to the conditions that State Pollution Control Board Odisha,- (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 2021-2022 to 2023-2024 relevant for the financial years 2020-2021 to 2022-2023 respectively. [Notification No. 60/2023 F.No.300196/6/2020-ITA-I] VIKAS SINGH, Director (ITA-I) Explanatory Memorandum It is certified that no person is being adversely affected by giving retrospective effect to this notification.

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