FEMA

InvIT and REIT under FEMA assigned definition as per Income Tax Act 1961

Definition of Infrastructure Investment Trust (InvIT) and Real Estate Investment Trust (REIT) under FEMA aligned to Income Tax Act 1961
 
RESERVE BANK OF INDIA
(Financial Markets Regulation Department)
(CENTRAL OFFICE)
 
NOTIFICATION
 
Mumbai, the 13th October, 2021

Foreign Exchange Management (Debt Instruments) (First Amendment) Regulations, 2021

No. FEMA.396(1)/2021-RB.—In exercise of the powers conferred by clause (a) of sub-section (2) of section 6 and section 47 of the Foreign Exchange Management Act, 1999 (42 of 1999), the Reserve Bank of India hereby makes the following amendments to the Foreign Exchange Management (Debt Instruments) Regulations, 2019 (Notification No. FEMA.396/2019-RB dated October 17, 2019) (hereinafter referred to as ‘the Principal Regulation’), namely:-
 
1. Short title and commencement
 
(i) These Regulations shall be called the Foreign Exchange Management (Debt Instruments) (First Amendment) Regulations, 2021.
 
(ii) They shall come into force with effect from the date of their publication in the Official Gazette.
 
2. Amendment to Regulation 2:
 
(i) In Regulation 2 of the Principal Regulation, after clause (i), the following new clause shall be inserted: –
 
“(ia) “Infrastructure Investment Trust” or “InvIT” means a business trust as defined in sub-clause (i) of clause 13A of section 2 of the Income-tax Act, 1961.”
 
(ii) In Regulation 2 of the Principal Regulation, after clause (q), the following new clause shall be inserted: –
 
“(qa) “Real Estate Investment Trust” or “REIT” means a business trust as defined in sub-clause (ii) of clause 13A of section 2 of the Income-tax Act, 1961.”
 
3. Amendment to Schedule 1
(i) In sub-paragraph A of paragraph 1 of Schedule 1 to the Principal Regulation, after clause (k), the following new clause shall be inserted: –
 
“(l) debt securities issued by (i) InvITs and (ii) REITs.”
 
DIMPLE BHANDIA, Chief General Manager
 
[ADVT.-III/4/Exty./347/2021-22]
 
Foot Note:
The Principal Regulation was published in the Official Gazette vide G.S.R.No.796(E) dated October 17, 2019 in Part II, Section 3, sub-Section (i)
 

Share

Recent Posts

  • Income Tax

No second reopening for unexplained credits in bank due to bank’s name change

Information of deposits in bank did not constitute fresh information necessitating second reopening due to change in bank name In…

3 hours ago
  • Empanelment

FDCM invites application for empanelment of practising CAs/ Chartered Accountant Firms

Invitation For Empanelment Of Practising Chartered Accountants / Chartered Accountant Firms Forest Development Corporation of Maharashtra Limited (FDCM Limited), Nagpur,…

5 days ago
  • Empanelment

PGRI invites application for CAs for empanelment for Circulation Verification work

Press Registrar General of India (PGRI) invites application for empanelment of Chartered Accountants. The Press Registrar General of India manages…

5 days ago
  • Income Tax

CBDT notifies revised Form for registration as valuer & authorised income tax practitioner

CBDT notifies revised Form No. 169 for making application for registration as a valuer under section 514 and authorised income…

5 days ago
  • Income Tax

Curtailing time to file reply to notice u/s 148A(b) from 30 days prejudiced assessee’s right – HC

Curtailing time to file reply to notice u/s 148A(b) from statutorily available 30 days to 15 days seriously prejudiced assessee’s…

6 days ago
  • Income Tax

For registration u/s 12AB, applicability of proviso to section 2(15) can’t be adjudicated

At the stage of registration u/s 12AB, the CIT(E) not empowered to adjudicate applicability of provisio to section 2(15) of…

7 days ago