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Section165
The Finance Act, 2017

Amendment of Act 42 of 1999

In force As on 05 Oct 2026

Ministry Finance Enacted 17 Apr 2017

Section 165 of the Finance Act, 2017 deals with amendment of Act 42 of 1999. Amendment of Act 42 of 1999 165. In the Foreign Exchange Management Act, 1999,— (a) | in section 2,— (i) | for clause (b), the following clause shall be substituted, namely:— '(b) "Appellate Tribunal" means the Appellate Tribunal referred to in section 18;'; The Act was enacted on 17 Apr 2017.

Amendment of Act 42 of 1999

165. In the Foreign Exchange Management Act, 1999,—

(a)in section 2,—
(i)for clause (b), the following clause shall be substituted, namely:—
'(b) "Appellate Tribunal" means the Appellate Tribunal referred to in section 18;';
(ii)in clause (zc), for the word and figures "section 18", the word and figures "section 17" shall be substituted;
(b)for section 18, the following section shall be substituted, namely:—
"18. Appellate Tribunal.— The Appellate Tribunal constituted under sub-section (1) of section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976), shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Appellate Tribunal for the purposes of this Act and the said Appellate Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.";
(c)section 20 shall be omitted;
(d)for section 21, the following section shall be substituted, namely:—
"21. Qualifications, for appointment of Special Director (Appeal).— A person shall not be qualified for appointment as a Special Director (Appeals) unless he—
(a)has been a member of the Indian Legal Service and has held a post in Grade I of that Service; or
(b)has been a member of the Indian Revenue Service and has held a post equivalent to a Joint Secretary to the Government of India.";
(e)section 22 shall be omitted;
(f)for section 23, the following section shall be substituted, namely:—
"23. Terms and conditions of service of Special Director (Appeals).— The salary and allowances payable to and the other terms and conditions of service of the Special Director (Appeals) shall be such as may be prescribed.";
(g)sections 24, 25 and 26 shall be omitted;
(h)for section 27, the following section shall be substituted, namely:—
"27. (Staff of Special Director (Appeals).—

(1) The Central Government shall provide the office of the Special Director (Appeals) with such officers and employees as it may deem fit.

(2) The officers and employees of the office of the Special Director (Appeals) shall discharge their functions under the general superintendence of the Special Director (Appeals).
(3) The salaries and allowances and other terms and conditions of service of the officers and employees of the office of the Special Director (Appeals) shall be such as may be prescribed.";
(i)sections 29, 30 and 31 shall be omitted;
(j)in section 32,—
(i)for the words and brackets "Appellate Tribunal or the Special Director (Appeals), as the case may be", at both the places where they occur, the words and brackets "Special Director (Appeals)" shall be substituted;
(ii)in sub-section (1), for the words and brackets "Appellate Tribunal or the Special Director (Appeals)", the words and brackets "Special Director (Appeals)" shall be substituted;
(k)for section 33, the following section shall be substituted, namely:—
"33. Officers and employees, etc. to be public servant.— The Adjudicating Authority, Competent Authority and the Special Director (Appeals) and other officers and employees of the Special Director (Appeals) shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code." (45 of 1860);
(l)in section 46, in sub-section (2),—
(i)in clause (e), for the words and brackets "Chairperson and other Members of the Appellate Tribunal and the Special Director (Appeals)", the words and brackets "Special Director (Appeals)" shall be substituted;
(ii)in clause (f), for the words and brackets "Appellate Tribunal and the office of the Special Director (Appeals)", the words and brackets "office of the Special Director (Appeals)" shall be substituted.
Section 165, The Finance Act, 2017.

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 2 Income-tax
  2. s. 17 Amendment of section 43B
  3. s. 18 Amendment of section 43D
  4. s. 20 Amendment of section 44AB
  5. s. 21 Amendment of section 44AD
  6. s. 22 Amendment of section 45
  7. s. 23 Amendment of section 47
  8. s. 24 Amendment of section 48
  9. s. 25 Amendment of section 49
  10. s. 26 Insertion of new section 50CA
  11. s. 27 Amendment of section 54EC
  12. s. 29 Amendment of section 56
  13. s. 30 Amendment of section 58
  14. s. 31 Amendment of section 71
  15. s. 32 Substitution of new section for section 79
  16. s. 33 Amendment of section 80CCD
  17. s. 46 Amendment of section 115JAA
  18. Indian Penal Code s. 21 "Public servant"
  19. Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act s. 12 Constitution of Appellate Tribunal

Questions about Section 165

What does Section 165 of the Finance Act deal with?

Section 165 of the Finance Act is headed "Amendment of Act 42 of 1999". Amendment of Act 42 of 1999 165. In the Foreign Exchange Management Act, 1999,— (a) | in section 2,— (i) | for clause (b), the following clause shall be substituted, namely:— '(b) "Appellate Tribunal" means the Appellate Tribunal referred to in section 18;';

How do I find court cases under Section 165 of the Finance Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Finance Act 2017 165, section 165 Finance Act 2017, section 165 of the Finance Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 165 of the Finance Act, and has it changed?

Its own text turns on section 2 (Income-tax), section 17 (Amendment of section 43B), section 18 (Amendment of section 43D), section 20 (Amendment of section 44AB), and on 15 further provisions, so none of them can safely be read on its own.

When was Section 165 of the Finance Act enacted?

Section 165 of the Finance Act, cited as Finance Act 2017 165, was enacted on 17 Apr 2017. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument. This page is not a substitute for legal advice.