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Core Purpose

Notification amending the definition of investment fund under Notification No. 55/2019 dated 26th July 2019, issued under sub-section (1C) of section 139 of the Income-tax Act, 1961.

Detailed Summary

The Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, issued S.O. 3147(E) dated 14th July 2023 (Notification No. 49/2023, F.No.225/79/2019-ITA-II), amending, under sub-section (1C) of section 139 of the Income-tax Act, 1961 (43 of 1961), the earlier notification Number 55/2019 dated 26th July 2019 (S.O. 2672(E)); Clause (a) of the Explanation to the first paragraph of the principal notification is substituted to redefine investment fund as any fund established or incorporated in India as a trust, company, or limited liability partnership, holding a certificate of registration as a Category I or Category II Alternative Investment Fund and regulated either under the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992), or under the International Financial Services Centres Authority (Fund Management) Regulations, 2022 made under the International Financial Services Centres Authority Act, 2019 (50 of 2019); the notification takes effect from the date of publication in the Official Gazette and is signed by Castro Jayaprakash. T, Under Secretary.

Full Text

4552 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. 3018 ] NEW DEL HI, FRIDAY, JULY 14, 2023/ASHADHA 23, 194 5 CG-DL-E-14072023-247339 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATI ON New Delhi, the 14th July, 2023 (INCOME -TAX ) S.O. 3147 (E).— In exercise of the powers conferred by sub -section (1C) of section 139 of the Income -tax Act, 1961 (43 of 1961), the Central Government hereby makes the following amendment in the notification of the Government of India, Ministry of Finance, (Department of Revenue), Number 55/2019, dated the 26th July, 2019, published in the Gazette of India, Extraordinary, Pa rt-II, Section 3, Sub -section (ii), vide number S.O. 2672(E), dated 26th July, 2019, namely: - In the said notification, - Clause (a) of the Explanation to first para is substituted as under: “Explanation: - For the purposes of this paragraph, - a. "investment fund" means any fund established or incorporated in India in the form of a trust or a company or a limited liability partnership or a body corporate which has been granted a certificate of registration as a Category I or a Category II Alternati ve Investment Fund and is regulated under the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012, made under the Securities and Exchange Board of India Act, 1992 (15 of 1992) or regulated under the International Finan cial Services Centres Authority (Fund Management) Regulations, 2022 made under the International Financial Services Centres Authority Act, 2019 (50 of 2019);” 2. This notification shall come into force with effect from the date of its publication in the Official Gazette. [Notification No. 49/2023/F. No.225/79/2019 -ITA-II)] CASTRO JAYAPRAKASH. T, Under Secy. Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, sub -section (ii), vide number S.O. 2672(E), dated 26th July, 2019. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, D elhi-110054.

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