Provisions of Income-tax applicable to Non-Residents
RELEVANT PROVISIONS OF INCOME-TAX ACT TO BE COMPLIED WITH BY NON-RESIDENTS PLANNING TO SET UP BUSINESS IN INDIA; AND RESIDENTS DEALING WITH NON-RESIDENTS
| S. No. | Section | Particulars |
| 1. | 2 | Definitions |
| 2. | 4 | Charge of income-tax. |
| 3. | 5 | Scope of total income. |
| 4. | 6 | Residence in India. |
| 5. | 7 | Income deemed to be received in India |
| 6. | 9 | Income deemed to accrue or arise in India. |
| 7. | 9A | Certain activities not to constitute business connection in India |
| 8. | 10 | Incomes not included in total income |
| 9. | 28 | Profits and gains of business or profession |
| 10. | 40(a)(i) | Amounts not deductible in case of TDS default |
| 11. | 40(a)(iii) | Salary payable outside India or to a non-resident not deductible in case of TDS default |
| 12. | 44B | Special provision for computing profits and gains of shipping business in the case of non-residents |
| 13. | 44BB | Special provision for computing profits and gains in connection with the business of exploration, etc., of mineral oils. |
| 14. | 44BBA | Special provision for computing profits and gains of the business of operation of aircraft in the case of non-residents. |
| 15. | 44BBB | Special provision for computing profits and gains of foreign companies engaged in the business of civil construction, etc., in certain turnkey power projects. |
| 16. | 44C | Deduction of head office expenditure in the case of non-residents |
| 17. | 44D | Special provisions for computing income by way of royalties, etc., in the case of foreign companies. |
| 18. | 44DA | Special provision for computing income by way of royalties, etc., in case of non-residents. |
| 19. | 45 | Capital gains |
| 20. | 47 | Transactions not regarded as transfer |
| 21. | 48 | Mode of computation |
| 22. | 49 | Cost with reference to certain modes of acquisition |
| 22A. | 80EEB | Deduction in respect of purchase of electric vehicle |
| 22B. | 80-IAC | Special provision in respect of specified business |
| 22C. | 80LA | Deductions in respect of certain incomes of Offshore Banking Units and International Financial Services Centre. |
| 23. | 90 | Agreement with foreign countries or specified territories |
| 24. | 90A | Adoption by Central Government of agreement between specified associations for double taxation relief. |
| 25. | 91 | Countries with which no agreement exists. |
| 26. | 92 | Computation of income from international transaction having regard to arm’s length price. |
| 27. | 92A | Meaning of associated enterprise. |
| 28. | 92B | Meaning of international transaction. |
| 29. | 92BA | Meaning of specified domestic transaction. |
| 30. | 92C | Computation of arm’s length price |
| 31. | 92CA | Reference to Transfer Pricing Officer. |
| 32. | 92CB | Power of Board to make safe harbour rules. |
| 33. | 92CC | Advance pricing agreement. |
| 34. | 92CD | Effect to advance pricing agreement. |
| 34A. | 92CE | Secondary adjustment |
| 35. | 92D | Maintenance and keeping of information and document by persons entering into an international transaction [or specified domestic transaction] |
| 36. | 92E | Report from an accountant to be furnished by persons entering into international transaction [or specified domestic transaction]. |
| 37. | 92F | Definitions of certain terms relevant to computation of arm’s length price, etc. |
| 38. | 93 | Avoidance of income-tax by transactions resulting in transfer of income to non-residents. |
| 39. | 94 | Avoidance of tax by certain transactions in securities. |
| 40. | 94A | Special measures in respect of transactions with persons located in notified jurisdictional area. |
| 40A. | 94B | Limitation on interest deduction |
| 41. | 95 | Applicability of General Anti-Avoidance Rule. |
| 42. | 96 | Impermissible avoidance arrangement. |
| 43. | 97 | Arrangement to lack commercial substance |
| 44. | 98 | Consequences of impermissible avoidance arrangement. |
| 45. | 99 | Treatment of connected person and accommodating party. |
| 46. | 100 | Application of this Chapter. |
| 47. | 101 | Framing of guidelines. |
| 48. | 102 | Definitions. |
| 49. | 111A | Tax on short term capital gain in certain cases |
| 50. | 112 | Tax on long term capital gains |
| 50A | 112A | Tax on long-term capital gains in certain cases |
| 51. | 115A | Tax on dividends, royalty and technical service fees in the case of foreign companies. |
| 52. | 115AB | Tax on income from units purchased in foreign currency or capital gains arising from their transfer |
| 53. | 115AC | Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer. |
| 54. | 115ACA | Tax on income from Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer |
| 55. | 115AD | Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer |
| 56. | 115BBA | Tax on non-resident sportsmen or sports associations. |
| 57. | 115BBD | Tax on certain dividends received from foreign companies |
| 58. | 115C | Definitions relating to chapter on ‘Special provisions relating to certain incomes of non-resident’ |
| 59. | 115D | Special provision for computation of total income of non-residents. |
| 60. | 115E | Tax on investment income and long-term capital gains |
| 61. | 115F | Capital gains on transfer of foreign exchange assets not to be charged in certain cases. |
| 62. | 115G | Return of income not to be filed in certain cases. |
| 63. | 115H | Benefit under Chapter to be available in certain cases even after the assessee becomes resident. |
| 64. | 115-I | Chapter on ‘Special provisions relating to certain incomes of non-resident’ not to apply if the assessee so chooses. |
| 65. | 115JAA | Special provision relating to Minimum Alternate Tax (MAT) Credit |
| 66. | 115JB | Special provisions relating to payment of Minimum Alternate Tax (MAT) by certain companies |
| 67. | 115JC | Special provisions relating to payment of Alternate Minimum Tax (AMT) by certain persons other than a company |
| 68. | 115JD | Tax credit for Alternate Minimum Tax (AMT) |
| 69. | 115JE | Application of other provisions of Act to a person liable to pay Alternate Minimum Tax (AMT) |
| 70. | 115JEE | Application of provisions relating to Alternate Minimum Tax (AMT) to certain persons |
| 71. | 115JF | Interpretation of certain terms referred to in chapter relating to Alternate Minimum Tax (AMT) |
| 72. | 115JG | Conversion of an Indian branch of foreign company into subsidiary Indian company |
| 72A | 115JH | Special provisions relating to foreign company said to be resident in India |
| 72B | 115TCA | Tax on income from securitisation trusts |
| 73. | 115U | Special provisions relating to tax on income received from venture capital companies and venture capital funds |
| 74. | 115UA | Special provisions relating to Business Trust |
| 75. | 115UB | Special provisions relating to tax on income of investment funds and income received from such funds |
| 76. | 139 | Return of income |
| 77. | 139A | Permanent account number |
| 78. | 140 | Return by whom to be signed |
| 79. | 140A | Self-assessment |
| 80. | 160 | Representative assessee |
| 81. | 161 | Liability of representative assessee |
| 82. | 162 | Right of representative assessee to recover taxes paid |
| 83. | 163 | Who may be regarded as agent |
| 84. | 166 | Direct assessment or recovery not barred |
| 85. | 167 | Remedies against property in cases of representative assessee |
| 86. | 172 | Shipping business of non-residents. |
| 87. | 173 | Recovery of tax in respect of non-resident from his assets |
| 88. | 174 | Assessment of persons leaving India. |
| 89. | 192 | Payment of Salary |
| 90. | 192A | Payment of taxable accumulated balance of provident fund to an employee |
| 91. | 194B | Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort |
| 92. | 194BB | Income by way of winnings from horse races |
| 93. | 194E | Payments to non-resident sportsmen or sports associations. |
| 94. | 194G | Commission, etc., on the sale of lottery tickets |
| 94A. | 194-IB | Payment of rent by certain individuals or Hindu undivided families. |
| 94B. | 194-IC | Payment under specified agreement |
| 94C. | 194K | Income in respect of units |
| 95. | 194LB | Payment of interest on infrastructure debt fund |
| 96. | 194LBA | Certain income distributed by a business trust to its unit holder |
| 97. | 194LBB | Income in respect of units of investment fund |
| 97A | 194LBC | Income in respect of investment in securitisation trust |
| 98. | 194LC | Payment of interest by an Indian Company or a business trust in respect of money borrowed in foreign currency under a loan agreement or by way of issue of long-term bonds (including long-term infrastructure bond) |
| 99. | 194LD | Payment of interest on rupee denominated bond of an Indian Company or Government securities to a Foreign Institutional Investor or a Qualified Foreign Investor |
| 99A. | 194M | Payment of certain sums by certain individuals or Hindu Undivided Families |
| 99B. | 194-O | Payment of certain sums by e-commerce operator to e-commerce participant |
| 100. | 195 | Payment of any other sums to a non-resident or to a foreign company |
| 101. | 195A | Income payable “net of tax” |
| 102. | 196B | Income from units (including long-term capital gain on transfer of such units) to an offshore fund |
| 103. | 196C | Income from foreign currency bonds or shares of Indian company. |
| 104. | 196D | Income of Foreign Institutional Investors from securities. |
| 105. | 197 | Certificate of deduction at lower rate |
| 106. | 199 | Credit for tax deducted |
| 107. | 200 | Duty of person deducting tax |
| 108. | 201 | Consequences of failure to deduct or pay |
| 109. | 204 | Meaning of person responsible for paying |
| 110. | 205 | Bar against direct demand on assessee |
| 111. | 206AA | Requirement to furnish Permanent Account Number |
| 112. | 207 | Liability for payment of advance tax |
| 113. | 208 | Conditions of liability to pay advance tax |
| 114. | 209 | Computation of advance tax |
| 115. | 210 | Payment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer |
| 116. | 211 | Instalment of advance tax and due taxes |
| 117. | 218 | When assessee deemed to be in default |
| 118. | 219 | Credit for advance tax |
| 119. | 220 | When tax payable and when assessee deemed in default |
| 120. | 221 | Penalty payable when tax in default |
| 121. | 222 | Certificate to tax recovery officer |
| 122. | 226 | Other modes of recovery |
| 123. | 228A | Recovery of tax in pursuance of agreements with foreign countries. |
| 124. | 230 | Tax clearance certificate |
| 125. | 234A | Interest for default in furnishing return of income |
| 126. | 234B | Interest for default in payment of advance tax |
| 127. | 234C | Interest for deferment of advance tax |
| 128. | 245N | Provisions relating to advance rulings- Definitions. |
| 129. | 245-O | Authority for Advance Rulings. |
| 130. | 245P | Vacancies, etc., not to invalidate proceedings. |
| 131. | 245Q | Application for advance ruling. |
| 132. | 245R | Procedure on receipt of application. |
| 133. | 245RR | Appellate authority not to proceed in certain cases. |
| 134. | 245S | Applicability of advance ruling. |
| 135. | 245T | Advance ruling to be void in certain circumstances |
| 136. | 245U | Powers of the Authority. |
| 137. | 245V | Procedure of Authority |
| 138. | 271BA | Penalty for failure to furnish report under section 92E. |
| 139. | 271C | Penalty for failure to deduct tax at source |
| 140. | 271FAB | Penalty for failure to furnish statement or information or document by an eligible investment fund |
| 141. | 271G | Penalty for failure to furnish information or document under section 92D |
| 142. | 271GA | Penalty for failure to furnish information or document under section 285A |
| 142A | 271GB | Penalty for failure to furnish report or for furnishing inaccurate report in respect of international group as per section 286 |
| 143. | 271-I | Penalty for failure furnish information or furnish inaccurate information under Section 195 |
| 144. | 285 | Submission of statement by a non-resident having liaison office |
| 145. | 285A | Furnishing or information or documents by an Indian concern, through or in which the Indian assets are held by the foreign company or the entity, in certain cases |
| 146 | 286 | Furnishing of report in respect of international group |
