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Core Purpose

Notification under clause (46) of section 10 of the Income-tax Act, 1961, exempting specified categories of income of Urban Improvement Trust Udaipur from income tax, with retrospective effect for assessment years 2013-14 to 2017-18.

Detailed Summary

The Central Board of Direct Taxes, Ministry of Finance (Department of Revenue), issued notification S.O. 3666(E) dated 16th August 2023 (Notification No. 62/2023, F.No. 300196/2/2023-ITA-I), under clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), notifying Urban Improvement Trust Udaipur (PAN AAALU0072E), a trust constituted by the State Government of Rajasthan, in respect of specified income comprising grants from the State Government; moneys from disposal of land, buildings and other properties; moneys from rent/lease of land, buildings and other properties; fees, interest or other charges received under the Rajasthan Urban Improvement Trust Act, 1959; interest earned on the foregoing; and interest on loans received from the State Government. The exemption is conditioned on the Trust not engaging in commercial activity, its activities and the nature of specified income remaining unchanged, and it filing returns of income under clause (g) of sub-section (4C) of section 139 of the Income-tax Act. The notification is deemed to apply for assessment years 2013-2014 to 2017-2018, relevant to financial years 2012-2013 to 2016-2017, and is signed by Vikas Singh, Director, ITA-I. The Explanatory Memorandum states that retrospective effect is given pursuant to the order of the High Court of Judicature for Rajasthan at Jodhpur in Urban Improvement Trust, Udaipur v. Union of India and Anr. (D.B. Writ Petition (Civil) No. 1004 of 2016), dated 21st April 2023, and certifies that no person is adversely affected by the retrospective effect.

Full Text

5285 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. 3507] NEW DEL HI, WEDNES DAY , AUGUST 1 6, 2023/ SHRAVANA 25, 1945 CG-DL-E-16082023-248135 MINISTRY OF FINANCE (Department of Revenue ) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 16th August , 202 3 S.O. 3666 (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, ‘Urban Improvement Trust Udaipur ’, (PAN AAALU0072E ), a Trust constitut ed by the State Government of Rajasthan , in respect of the following specified income arising to that Trust , namely: - (a) Grants received from the State Government; (b) Moneys received from the disposal of land, building and other properties ; (c) Mon eys received by way of rent/lease of land, building and other properties; (d) Mon eys received by way of fees, interest or any other charges received under the Rajasthan Urban Improvement Trust Act, 1959; (e) Interest earned on (a) to ( d) above; and (f) Interest on Loan s received from the State Government . 2. This notification shall be effective subject to the conditions that Urban Improvement Trust Udaipur ,- (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 the ass essment years 2013 -2014, 2014 -2015, 2015 - 2016, 2016 -2017 and 2017 -2018 relevant to the financial year s 2012 -2013, 2013 -2014, 2014 -2015, 2015 -2016 and 2016 -2017 respectively . [Notificat ion No. 62/2023 /F.No. 300196/2/2023 -ITA-I] VIKAS SINGH , Director, ITA -I Explanatory Memorandum This notification shall be given retrospective effect fo r the assessment years 2013 -2014 to 2017 -18 relevant to the financial year s 2012 -2013 to 20 16-2017 , respectively, in view of the Order of the Hon’ble High Court of Judicature for Rajasthan at Jodhpur in matter of Urban Improvement Trust, Udaipur V. Union of India and Anr. in [D.B. Writ Petition (Civil) No. 1004 of 2016 ], dated 21st of April, 2023 . 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 R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publication s, Delhi -110054.

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