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**Report on Income Tax Exemption for Competition Commission of India**
**1. Executive Summary:**
This report analyzes a notification issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, which grants an income tax exemption to the Competition Commission of India (CCI) under Section 10(46) of the Income-tax Act, 1961. The exemption applies to government grants, fees received under the Competition Act, 2002, and interest income accrued on these amounts. The notification is subject to certain conditions including the CCI not engaging in commercial activity, maintaining the same activities and income nature throughout the financial years, filing income tax returns, and submitting an audit report. This notification is applicable for the financial years 2021-2022 through 2025-2026.
**2. Introduction:**
The purpose of this report is to provide an informative overview of the notification S.O. 2246(E) issued by the Central Board of Direct Taxes on June 9, 2021, regarding income tax exemption for the Competition Commission of India (CCI). This analysis is based solely on the information contained within the provided policy text.
**3. Policy Overview:**
* This is a *New Policy* granting an exemption.
* **Core Objective(s):** To provide income tax exemption to the Competition Commission of India on specific income sources, as defined under Section 10(46) of the Income-tax Act, 1961, thereby providing financial relief for the specified incomes.
**4. Background and Rationale:**
* **Rationale (Inferred):** The notification likely aims to support the financial operations of the CCI by exempting certain income streams from taxation. This could enable the CCI to more effectively carry out its mandate of promoting and sustaining competition in markets. The government might see this as a way to bolster the CCI's operational capabilities by reducing its tax burden on its primary funding sources (grants and fees).
**5. Key Provisions / Changes:**
* **New Policy Details:**
* **Exemption:** The CCI is granted an exemption from income tax under Section 10(46) of the Income-tax Act, 1961.
* **Eligible Income:** The exemption applies to the following income categories:
* Government grants received by the CCI.
* Fees received by the CCI under the Competition Act, 2002.
* Interest income accrued on the aforementioned government grants and fees.
* **Conditions:** The exemption is subject to the following conditions:
* The CCI must not engage in any commercial activity.
* The CCI's activities and the nature of its specified income must remain unchanged throughout the financial years for which the exemption applies.
* The CCI must file its income tax returns as per clause (g) of subsection (4C) of section 139 of the Income-tax Act, 1961.
* The CCI must file an audit report along with the return, verified by an accountant as per section 288(2) of the Income-tax Act, 1961, and include a certificate from a chartered accountant confirming that the above conditions are met.
* **Applicability Period:** The notification is effective for the financial years 2021-2022, 2022-2023, 2023-2024, 2024-2025, and 2025-2026.
**6. Target Audience and Stakeholders:**
The primary target audience is the Competition Commission of India. Other stakeholders include:
* The Ministry of Finance, Department of Revenue, and Central Board of Direct Taxes (CBDT), responsible for implementing and overseeing the policy.
* Chartered accountants involved in auditing and certifying the CCI's compliance with the conditions of the exemption.
* The Income Tax Department, responsible for processing the CCI's income tax returns.
**7. Implementation Aspects (Inferred):**
* **Responsible Agency:** The Central Board of Direct Taxes (CBDT) is the responsible agency, as they issued the notification. The Income Tax Department will be involved in processing returns.
* **Timelines:** The notification is effective for the financial years 2021-2022 through 2025-2026.
* **Procedures:** The CCI must file its income tax returns and audit reports annually, ensuring compliance with the specified conditions. This includes obtaining a certificate from a chartered accountant.
**8. Expected Outcomes / Impact of Changes:**
The intended outcome is to reduce the tax burden on the CCI, allowing it to utilize its funds more effectively for its mandated activities of promoting competition. This is likely to enhance the CCI's operational efficiency and potentially strengthen its ability to investigate and address anti-competitive practices. This tax exemption may also allow the CCI to better plan its long-term financial strategies with increased certainty regarding its available resources.
**9. Conclusion:**
The notification S.O. 2246(E) provides a significant income tax exemption to the Competition Commission of India, applicable to specific income sources and subject to certain conditions. This policy aims to support the CCI's financial stability and operational effectiveness, which could ultimately contribute to a more competitive and fair market environment. The notification's limited timeframe (five financial years) suggests a periodic review of the exemption's impact and continued necessity.
Key Entities Referenced
Competition Commission of India: A commission established under subsection 1 of Section 7 of the Competition Act, 2002. Notified by the Central Government regarding income tax exemptions under section 10(46) of the Income-tax Act, 1961.
Incometax Act, 1961: An act of the Parliament of India. Referenced in the notification concerning exemptions for the Competition Commission of India.
Competition Act, 2002: An act of the Parliament of India. Under which the Competition Commission of India was established.
Central Board of Direct Taxes: The issuing authority of the notification, under the Department of Revenue, Ministry of Finance.
Ministry of Finance: The government ministry under which the Department of Revenue and Central Board of Direct Taxes operate.
Department of Revenue: A department within the Ministry of Finance. Under which the Central Board of Direct Taxes operates.
New Delhi: The location where the notification was issued.
रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
सी.जी.-डी.एल.-अ.-10062021-227458
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CG-DL-E-10062021-227458
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असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 2086] नई दिल्ली, बृहस्ट्प जतिार, िनू 10, 2021/ज्य ष्े ठ 20, 1943
No. 2086] NEW DELHI, THURSDAY, JUNE 10, 2021/JYAISTHA 20, 1943
जित्त मत्रं ालय
(रािस्ट्ि जिभाग)
(केंद्रीय प्रत्यक्ष कर बोड)ड
अजधसचू ना
नई दिल्ली, 9 िून, 2021
का.आ. 2246(अ).—आयकर अजधजनयम, 1961 (1961 का धारा 43) की धारा 10 के खंड (46) म ें प्रित्त
िजियों का प्रयोग करत े हुए, केंद्र सरकार एतद्दिारा उि खंड के प्रयोिन के जलए भारतीय प्रजतस्ट्पधा ड आयोग,
[AAAGC0012M], िो दक अजधजनयम 2002 (2003 का 12) के खडं (i) के उपखंड के अन्तगडत स्ट्थाजपत एक आयोग ह,ै
को कजथत आयोग को होने िाली जनम्नजलजखत जनर्िष्टड आय के सबं ंध म ेंअजधनसूजचत करती ह,ै अथाडत-्
(क) सरकारी अनुिान के रूप म ेंप्राप्त राजि।
(ख) प्रजतयोजगता अजधजनमय, 2002 के अन्तगडत प्राप्त राजि एिं
(ग) उपरोि (क) एिं (ख) पर उपार्िडत ब्याि आय।
2. अजधसूचना इस ितड के अधीन प्रभािी होगी दक भारतीय प्रजतस्ट्पधाड आयोग-
(क) दकसी व्यािसाजयक दिया कलाप म ेंिाजमल नहीं होगा।
3122 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
(ख) दियाकलाप एि ं जनर्िष्टड आय की प्रकृजत परू े जित्तीय िर्ड के िौरान अपररिर्ततड रहगे ी, एि ं
(ग) आयकर अजधजनयम 1961 की धारा 139 की उपधारा (4ग) के िाक्य (छ) के प्रािधानों के अनुसार आय का ररटन ड
फाईल करेगा।
(घ) ररटनड के साथ ऑजडट ररपोट,ड आयकर अजधजनयम, 1961 की धारा 288(2) म ेंउपलब्ध स्ट्पष्टीकरण के आधार पर
लेखाकार द्वारा जिजधित सत्याजपत करने के साथ चाटेड एकाउण्टेन्ट द्वारा एक प्रमाण पत्र की उपरोि ितें
संतोर्िनक ह।ैं
3. यह अजधसूचना जित्तीय िर्ों 2020-21, 2021-22, 2022-23, 2023-24, 2024-25 और 2025-26 के संबंध म ें
लाग ू होंगी।
[अजधसूचना स.ं 72/2021/फा. सं.300196/15/2020-आईटी-I]
प्रज्ञा पारजमता, जनिेिक
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 9th June, 2021
S.O. 2246(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, ‘Competition Commission of
India’ (PAN AAAGC0012M), a Commission established under sub-section (1) of Section 7 of the Competition Act,
2002 (12 of 2003), in respect of the following specified income arising to the said Commission, namely:-
(a) Amount received in the form of Government grants;
(b) Fee received under the Competition Act, 2002; and
(c) Interest income accrued on (a) and (b) above.
2. This notification shall be effective subject to the conditions that Competition Commission of India, -
(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.
(d) shall file the Audit report along with the Return, duly verified by the accountant as provided in
explanation to section 288(2) of the Income-tax Act, 1961 along with a certificate from the chartered
accountant that the above conditions are satisfied.
3. This notification shall apply with respect to the financial years 2021-2022, 2022-2023, 2023-2024, 2024-
2025 and 2025-2026.
[Notification No. 72 /2021/F. No.300196/15/2020-ITA-I]
PRAJNA PARAMITA, Director,
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.