A Comprehensive Guide to Section 296 of Income Tax Act 1961: Rules and Certain Notifications to be Placed Before Parliament

A Comprehensive Guide to Section 296 of Income Tax Act 1961: Rules and Certain Notifications to be Placed Before Parliament

Introduction

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Hi, my name is Shruti Goyal, I have been working in the field of Income Tax since 2011. I have a vast experience of filing income tax returns, accounting, tax advisory, tax consultancy, income tax provisions and tax planning.

Income Tax Act 1961 is one of the most crucial laws in India that governs the taxation system of the country. With several sections and provisions, it can be daunting to keep up with all the changes and amendments. One such section is Section 296, which deals with the rules and certain notifications that need to be placed before Parliament.

In this blog, we will take a deep dive into Section 296 of Income Tax Act 1961 and discuss the various rules and notifications that are to be placed before Parliament. We will cover the basics, provide a detailed understanding of the section, and answer some frequently asked questions to help you gain clarity on this topic.

Understanding Section 296 of Income Tax Act 1961

Section 296 of Income Tax Act 1961 deals with the rules and notifications that need to be placed before Parliament. This section is crucial as it ensures transparency in the taxation system and makes it easier for taxpayers to understand the various changes and amendments made to the law.

The section states that any rule or notification made under this Act, including any amendment or repeal, shall be laid before each House of Parliament. This means that any change made to the Income Tax Act 1961, including the introduction of new rules or amendments to existing rules, must be presented before the Parliament for approval.

Rules and Notifications under Section 296 of Income Tax Act 1961

Under Section 296 of Income Tax Act 1961, there are several rules and notifications that need to be placed before Parliament. These include:

  1. Rules made under the Income Tax Act 1961: Any rule made under this Act, including the Income Tax Rules, 1962, must be placed before Parliament for approval. This ensures that any new rule introduced is transparent and follows the due process of law.

  2. Notifications issued under the Income Tax Act 1961: Any notification issued under this Act, including notifications related to exemptions or deductions, must be placed before Parliament for approval. This ensures that taxpayers are aware of any changes made to the law that may affect their tax liability.

  3. Amendments made to the Income Tax Act 1961: Any amendment made to the Income Tax Act 1961, including changes made to the rates of taxation or introduction of new provisions, must be placed before Parliament for approval. This ensures that any change made to the law is transparent and follows the due process of law.

Frequently Asked Questions

  1. What is the purpose of Section 296 of Income Tax Act 1961?

Section 296 of Income Tax Act 1961 ensures transparency in the taxation system and makes it easier for taxpayers to understand the various changes and amendments made to the law. It mandates that any rule or notification made under this Act, including any amendment or repeal, must be laid before each House of Parliament.

  1. What are the rules and notifications that need to be placed before Parliament under Section 296?

Under Section 296 of Income Tax Act 1961, any rule made under this Act, including the Income Tax Rules, 1962, any notification issued under this Act, and any amendment made to the Income Tax Act 1961 must be placed before Parliament for approval.

  1. Why is it essential to place rules and notifications before Parliament?

Placing rules and notifications before Parliament ensures transparency in the taxation system and makes it easier for taxpayers to understand the various changes and amendments made to

the law. It also ensures that any change made to the law follows the due process of law and is transparent, reducing the chances of any discrepancies or inconsistencies.

  1. How does Section 296 of Income Tax Act 1961 impact taxpayers?

Section 296 of Income Tax Act 1961 impacts taxpayers by ensuring that any changes made to the law are transparent and follow the due process of law. This allows taxpayers to understand any changes made to the law that may affect their tax liability and plan accordingly.

  1. What happens if rules and notifications are not placed before Parliament?

If rules and notifications are not placed before Parliament under Section 296 of Income Tax Act 1961, they will not be considered valid. This means that any rule, notification, or amendment made to the Income Tax Act 1961 without the approval of Parliament will not have any legal standing.

Conclusion

Section 296 of Income Tax Act 1961 is a crucial provision that ensures transparency in the taxation system and makes it easier for taxpayers to understand the various changes and amendments made to the law. It mandates that any rule, notification, or amendment made under this Act must be placed before each House of Parliament for approval.

Understanding this section is essential for taxpayers as it allows them to stay informed about any changes made to the law that may affect their tax liability. We hope that this comprehensive guide has helped you gain a better understanding of Section 296 of Income Tax Act 1961 and its various rules and notifications.

Section 296, of Income Tax Act, 1961

Section 296, of Income Tax Act, 1961 states that

The Central Government shall cause every rule made under this Act, the rules of procedure framed by the Settlement Commission under sub-section (7) of section 245F, the Authority for Advance Rulings under section 245V and the Appellate Tribunal under sub-section (5) of section 255 and every notification issued before the 1st day of June, 2007 under sub-clause (iv) of clause (23C) of section 10 and every notification issued under sub-section (1C) of section 139 or third proviso to sub-section (1) of section 153A or second proviso to sub-section (1) of section 153C to be laid as soon as may be after the rule is made or the notification is issued before each House of Parliament while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, that rule or notification shall thereafter have effect, only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.