Income Tax

Govt notifies 121 countries-specified territories us 9A(3) for eligible investment fund management activity

Govt notifies 121 countries-specified territories us 9A(3) for Eligible Investment Fund Management activity not to be regarded business connection in India

Section 9 of the Income Tax Act, 1961 deals with the income which is deemed to accrue or arise in India for taxation purpose. As per sub section (1) of Section 9 iner alia all income accruing or arising (whether directly or indirectly) through or from any business connection in India shall be deemed to accrue or arise in India.

However Section 9A provides few exceptions to the Section 9. As per sub section (1), in 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 be considered as “business connection in India”. Sub section (3)(b) defines “eligible funds” to iner alia mean  a fund which is resident of a country or specified territory.

The Central Government has notified 121 such Countries/Specified Territory as under:

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)

Notification No. 78/2017

New Delhi, the 3rd August, 2017

(INCOME-TAX)

S.O. 2456(E).—In exercise of the powers conferred by clause (b) of sub-section (3) of section 9A of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies the following countries and specified territories, mentioned in column (2) of the Table given below, for the purposes of the said section, namely:—

TABLE

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

[F. No. 142/15/2015-TPL]

NIRAJ KUMAR, Under Secy.
(Tax Policy and Legislation)

Share

Recent Posts

  • Income Tax

Object of assessment proceedings is not to find empirically correct solution on every fact issue – HC

It can never be the object of assessment proceedings to find an empirically, absolutely correct solution on every fact issue…

3 days ago
  • Income Tax

Penalty u/s 270A deleted as assessee filed revised computation during scrutiny

Penalty u/s 270A deleted as assesse filed revised computation during scrutiny correcting the mistake which was noticed only after the…

4 days ago
  • Income Tax

Penalty u/s 271B for unfilled column 40 in Tax Audit Report Form 3CD deleted by ITAT

Penalty u/s 271B for unfilled column 40 in Form 3CD related to details regarding turnover, gross profit etc. for previous…

6 days ago
  • Income Tax

Merely ex-parte rectifying computation without amending assessment order not make it nullity- ITAT

Merely rectifying computation without amending assessment order without notice to assessee does not nullify the entire assessment  - ITAT In…

1 week ago
  • Income Tax

Once assessee discharges primary onus, it shifts to AO to bring evidence to contrary – ITAT

Once assessee discharges primary onus of providing basic documents in support of the identity, genuineness and the creditworthiness it shifts…

1 week ago
  • Income Tax

Cost Inflation Index for FY/Tax Year 2026-27 notified by CBDT. See Up-to-date Table of CII

CBDT has notified Cost Inflation Index for Financial Year / Tax Year 2026-27 CBDT has notified "384" as Cost Inflation…

2 weeks ago