Rule 24 of the DraftIncome-tax Rules, 2026 lays down the conditions for a public facility to be notified as an “infrastructure facility” under section 32(e) of the Act. The facility must be owned by an Indian-registered company, consortium, or a statutory authority, board, corporation, or body established under Central or State law. It must have an agreement with the Central or State Government, local authority, or statutory body for developing, operating and maintaining, or both, a new infrastructure facility similar to those referred to in section 80-IA(4)(i). Additionally, the facility must have commenced operations on or after 1 April 1995 to qualify.
Extract of Rule No. 24 of Draft Income-tax Rules, 2026
Rule 24
Infrastructure facility under section 32(e) of the Act
Following conditions shall be fulfilled by a public facility to be eligible to be notified as an infrastructure facility as provided in section 32(e) of the Act:—
(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 section 80-IA (4)(i) of the Income Tax Act, 1961
(c) it has started or starts operating and maintaining such infrastructure facility on or after the 1st day of April, 1995.
