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Core Purpose

The Central Government notifies the Kerala Headload Workers Welfare Board, Kochi, for exemption of specified income under section 10(46) of the Income-tax Act, 1961, by invoking saving provisions of the Income-tax Act, 2025.

Detailed Summary

The Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, issued Notification S.O. 4047(E) on July 23, 2026. This notification is pursuant to sections 536(2)(a) to (c) and (e) of the Income-tax Act, 2025 (30 of 2025), which preserve certain provisions and operations of the repealed Income-tax Act, 1961 (43 of 1961). Specifically, it notifies the "Kerala Headload Workers Welfare Board, Kochi (PAN AAAJK1176F)", a board constituted by the State Government of Kerala, for the purposes of section 10(46) of the Income-tax Act, 1961. The specified income arising to the board, which is eligible for exemption, includes: grants-in-aid and loans from Government; levy collected under the Kerala Headload Workers Act, 1978 (20 of 1980), Kerala Headload Workers rules 1981, and schemes thereunder; registration fees from members; sums received as deposit from employers as per Para 27 of Kerala Headload Workers (regulation of employment and welfare) Scheme 1983 (formulated under section 13 of the Kerala Headload Workers Act, 1978); contributions from members as defined in the Kerala Headload Workers Act, 1978, Kerala Headload Workers Rules 1981, and Scheme thereunder; interest on loans and advances given to staff and workers; sums received as wages from employers as per Para 24(a) and 24(b) of Kerala Headload Workers (Regulation of employment and welfare) Scheme 1983; and interest earned on the aforementioned income categories. The exemption is subject to conditions: the Board shall not engage in any commercial activity, its activities and nature of specified income must remain unchanged throughout the financial years, and it must file a return of income in accordance with section 139(4C)(g) of the Act of 1961. Failure to comply will result in penal actions under the 1961 Act and withdrawal of the exemption. This notification is deemed to have been applied for assessment years 2025-26 and 2026-27, relevant to financial years 2024-25 and 2025-26. An explanatory memorandum certifies that no person's interests are adversely affected by the retrospective effect. The notification number is 95/2026/F. No.300196/78/2024-ITA-I.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-23072026-274740 EXTRAORDINARY PART II-Section 3-Sub-section (ii) PUBLISHED BY AUTHORITY No. 3877] NEW DELHI, THURSDAY, JULY 23, 2026/SHRAVAN 1, 1948 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 23rd July, 2026 S.O. 4047(E).— Whereas, section 10 (46) of the Income-tax Act, 1961 (43 of 1961) provided for exemption of specified income of certain bodies or authorities or Boards or Trusts or Commissions as may be notified by the Central Government in the Official Gazette for the purposes of that section; And whereas, the Income-tax Act, 1961 (43 of 1961) was repealed by section 536 (1) of the Income-tax Act, 2025 (30 of 2025); And whereas, section 536(2)(a) and (b) of the Income-tax Act, 2025 (30 of 2025), inter alia, provides that irrespective of the repeal of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the Act of 1961) and subject to sub-section (4) thereof, nothing shall affect- (i) the previous operation of the provisions of the Act of 1961 and any order or anything duly done or suffered thereunder; or (ii) any right, privilege, obligation or liability acquired, accrued or incurred under the Act of 1961 or orders under that Act; And whereas, section 536(2)(c) of the Income-tax Act, 2025 (30 of 2025) provides that the provisions of the Act of 1961 shall continue to apply to any proceeding pending on the date of commencement of the Income-tax Act, 2025 (30 of 2025) and to any proceedings initiated on or after the 1st April, 2026 (including notices, assessment, reassessment, recomputation, rectification, penalty, reference, revision and appeals) in respect of any tax year beginning before the 1st April, 2026 and such proceedings shall be carried out as per the procedure specified in the Act of 1961; And whereas, section 536(2)(e) of the Income-tax Act, 2025 (30 of 2025) provides that any proceeding pending on the date of its commencement before any income-tax authority or any other authority constituted under the repealed Income-tax Act, Appellate Tribunal, or any court, by way of application, appeal, reference or revision or by any other means, shall be continued and disposed of as if this Act had not been enacted; Now, therefore, in pursuance of the provisions of section 536(2)(a) to (c) and (e) of the Income-tax Act, 2025 (30 of 2025), the Central Government hereby notifies, for the purposes of section 10 (46) of the Act of 1961, "Kerala Headload Workers Welfare Board, Kochi (PAN AAAJK1176F)”, a board constituted by the State Government of Kerala, in respect of the following specified income arising to that board, namely:- (a) Amount received in the form of grants-in-aid and loan from Government; (b) Levy collected under the Kerala Headload Workers Act, 1978 (20 of 1980), Kerala Headload Workers rules 1981 and schemes there under; (c) Registration fees collected from members registered with the board as beneficiaries; (d) Sums received as deposit from employers as per Para 27 of Kerala Headload Workers (regulation of employment and welfare) Scheme 1983 formulated under section 13 of the Kerala Headload Workers Act, 1978 (20 of 1980); (e) Contribution from the members as defined in the Kerala Headload Workers Act, 1978 (20 of 1980), Kerala Headload Workers Rules 1981 and Scheme there under; (f) Interest on loans and advances given to staff of the board and workers; (g) Sums received as wages from employers as per Para 24(a) and 24(b) of Kerala Headload Workers (Regulation of employment and welfare) Scheme 1983 formulated under section 13 of the Kerala Headload Workers Act, 1978 (20 of 1980); and (h) Interest earned on (a) to (g) above. 2. This notification shall be effective subject to the conditions that Kerala Headload Workers Welfare Board, Kochi- (a) shall not engage in any commercial activity; (b) its 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 provisions of 139(4C)(g) of the Act of 1961. 3. Failure to comply with these conditions shall result in the initiation of penal actions under the provisions of the Act of 1961, and withdrawal of exemption granted u/s 10(46) of the Act of 1961. 4. This notification shall be deemed to have been applied for the assessment years 2025-26 and 2026-27 relevant to the financial years 2024-25 and 2025-26. [Notification No. 95/2026/F. No.300196/78/2024-ITA-I] HARDEV SINGH, Under Secy. Explanatory Memorandum It is certified that the interests of no person are being adversely affected by giving retrospective effect [with effect from the year of its application filed before the Central Board of Direct Tax or Income-tax Department] 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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