July 20, 2006

NOTIFICATION NO. 187/2006

In exercise of the powers conferred by section 295 read with clause (d) of the Explanation to clause (viii) of sub-section (1) of section 36 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:‑

1. (1)    These rules may be called the Income-tax (Sixth Amendment) Rules, 2006.

(2)     They shall come into force on the date the their publication in the Official Gazette.

2. In the Income-tax Rules, 1962, after rule 6ABA, the following rule shall be inserted, namely:‑

"6ABAA. The conditions to be fulfilled by a public facility to be eligible to be notified as an infrastructure facility in accordance with the provisions of clause (d) of the Explanation to clause (viii) of sub-section (1) of section 36 shall be the following, namely:‑

(a)  it is owned by a company registered in India or by a consortium of such companies or by an authority or a board or a corporation or any other body established or constituted under any Central or State Act;

(b)  it has entered into an agreement with the Central Government or a State Government or a local authority or any other statutory body for (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining a new infrastructure facility similar in nature to an infrastructure facility referred to in the Explanation to clause (i) of sub-section (4) of section 80-IA;

(c)  it has started or starts operating and maintaining such infrastructure facility on or after the 1^st of April, 1995.".

 

[F.No. 142/24/2006-TPL]