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

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