Income Tax

Fund management activity under SEBI Mutual Funds Regulations not to constitute business connection in India

Fund management activity thtough Fund managers registered under SEBI Mutual Funds Regulations 1996 not to constitute business connection in India

Under Section 9A of the Income Tax Act, 1961, certain activities not to constitute business connection in India. Under the section,  in the case of an eligible investment fund, the fund management activity carried out through an eligible fund manager acting on behalf of such fund shall not constitute business connection in India of the said fund.

One of the eligibility condition is that the  eligible fund manager, in respect of an eligible investment fund, means any person who is engaged in the activity of fund management and inter alia is registered as a fund manager or an investment advisor in accordance with the specified regulations.

Those fund manager registered under Securities and Exchange Board of India (Portfolio Managers) Regulations, 1993 and the Securities and Exchange Board of India (Investment Advisers) Regulations, 2013 are already covered for the purpose of the section.

Now, the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 has also been added to the specified regulations covered under section 9A

MINISTRY OF FINANCE
(Department of Revenue)

Notification No. 27/2019  

New Delhi, the 20th March, 2019

(INCOME TAX)

S.O. 1420(E).—In exercise of the powers conferred by clause (e) of sub-section (9) of section 9A of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992) as the regulation for the purposes of the said section.

2. This notification shall come into force from the date of its publication in the Official Gazette.

[F.No. 500/182/2018 -FT&TR – V]

RAJAT BANSAL, Jt. Secy. (Foreign Tax and Tax Research) – II

Share

Recent Posts

  • Income Tax

Form 26 to replace Form 3CD of tax audit report by a CA from Tax Year 2026-27

Form 26 to replace Form 3CD of tax audit report from Tax Year 2026-27 Draft Form 26 has been issued…

6 hours ago
  • Income Tax

When no addition is made on the basis of reasons recorded, reopening is bad in law

When AO do not make any addition on the basis of the reasons on which the reopening was done, the…

7 hours ago
  • Insurance

No separate compensation for loss of love and affection under MV Act – SC

Under MV Act separate compensation can not be granted under the head “loss of love and affection” – Supreme Court…

1 day ago
  • Income Tax

Trust accredited by National Open School eligible for registration u/s 12AB & u/s 80G

Trust accredited by National Institute of Open Schooling eligible for registration u/s.12AB and u/s 80G of the Act. In a…

1 day ago
  • Income Tax

Delay in furnishing Form 10B – Covid Period to be excluded as per decision of Supreme Court

Delay in furnishing Form 10B – Period between 15.03.2020 till 20.08.2022 to be excluded as per decision of Hon'ble Supreme…

3 days ago
  • Income Tax

Section 271AAB does not grant any immunity from penalty in terms of section 273B

Section 271AAB does not grant any immunity from penalty even if the assessee was able to show some reasonable cause…

3 days ago