Thursday, November 6, 2014

Relevant sections of Income Tax Act for Non Resident Indians to set-up business in India and residents dealing with NRIs.

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.
6
10
Incomes not included in total income
7
40(a)(i)
Amounts not deductible.
8
40(a) (iii)
Amounts not deductible.
9
90
Agreement with foreign countries or specified territories
10
90A
Adoption by Central Government of agreement between specified associations for double taxation relief.
11
91
Countries with which no agreement exists.
12
92
Computation of income from international transaction having regard to arm's length price.
13
9
Income deemed to accrue or arise in India.
14
28
Profits and gains of business or profession
15
44B
Special provision for computing profits and gains of shipping business in the case of non-residents
16
44BB
Special provision for computing profits and gains in connection with the business of exploration, etc., of mineral oils .
17
44BBA
Special provision for computing profits and gains of the business of operation of aircraft in the case of non-residents.
18
44BBB
Special provision for computing profits and gains of foreign companies engaged in the business of civil construction, etc., in certain turnkey power projects.
19
44C
Deduction of head office expenditure in the case of non-residents
20
44D
Special provisions for computing income by way of royalties, etc., in the case of foreign companies.
21
44DA
Special provision for computing income by way of royalties, etc., in case of non-residents.
22
45
Capital gains
23
47
Transactions not regarded as transfer
24
48
Mode of computation
25
49
Cost with reference to certain modes of acquisition
26
92A
Meaning of associated enterprise.
27
92B
Meaning of international transaction.
28
92BA
Meaning of specified domestic transaction.
29
92C
Computation of arm's length price
30
92CA
Reference to Transfer Pricing Officer.
31
92CB
Power of Board to make safe harbour rules.
32
92CC
Advance pricing agreement.
33
92CD
Effect to advance pricing agreement.
34
92D
Maintenance and keeping of information and document by persons entering into an international transaction [or specified domestic transaction]
35
92E
Report from an accountant to be furnished by persons entering into international transaction [or specified domestic transaction].
36
92F
Definitions of certain terms relevant to computation of arm's length price, etc.
37
93
Avoidance of income-tax by transactions resulting in transfer of income to non-residents.
38
94
Avoidance of tax by certain transactions in securities.
39
94A
Special measures in respect of transactions with persons located in notified jurisdictional area.
40
95
Applicability of General Anti-Avoidance Rule.
41
96
Impermissible avoidance arrangement.
42
97
Arrangement to lack commercial substance
43
98
Consequences of impermissible avoidance arrangement.
44
99
Treatment of connected person and accommodating party.
45
100
Application of this Chapter.
46
101
Framing of guidelines.
47
102
Definitions.
48
111A
Tax on short term capital gain in certain cases
49
112
Tax on long term capital gains
50
115A
Tax on dividends, royalty and technical service fees in the case of foreign companies.
51
115AB
Tax on income from units purchased in foreign currency or capital gains arising from their transfer
52
115AC
Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer.
53
115ACA
Tax on income from Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer
54
115AD
Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer
55
115BBD
Tax on certain dividends received from foreign companies
56
115C
Definitions.
57
115E
Tax on investment income and long-term capital gains
58
115F
Capital gains on transfer of foreign exchange assets not to be charged in certain cases.
59
115G
Return of income not to be filed in certain cases.
60
115H
Benefit under Chapter to be available in certain cases even after the assessee becomes resident.
61
115JG
Conversion of an Indian branch of foreign company into subsidiary Indian company
62
139
Return of income
63
139A
Permanent account number
64
140
Return by whom to be signed
65
140A
Self-assessment
66
160
Representative assessee
67
161
Liability of representative assessee
68
162
Right of representative assessee to recover taxes paid
69
163
Who may be regarded as agent
70
166
Direct assessment or recovery not barred
71
167
Remedies against property in cases of representative assessee
72
172
Shipping business of non-residents.
73
173
Recovery of tax in respect of non-resident from his assets
74
174
Assessment of persons leaving India.
75
195
Other sums.
76
195A
Income payable "net of tax"
77
196A
Income in respect of units of non-residents
78
196B
Income from units.
79
196C
Income from foreign currency bonds or shares of Indian company.
80
196D
Income of Foreign Institutional Investors from securities.
81
197
Certificate of deduction at lower rate
82
199
Credit for tax deducted
83
200
Duty of person deducting tax
84
201
Consequences of failure to deduct or pay
85
204
Meaning of person responsible for paying
86
205
Bar against direct demand on assessee
87
206AA
Requirement to furnish Permanent Account Number
88
207
Liability for payment of advance tax
89
208
Conditions of liability to pay advance tax
90
209
Computation of advance tax
91
210
Payment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer
92
211
Instalment of advance tax and due taxes
93
214
Interest payable by Government
94
215
Interest payable by assessee
95
216
Interest payable by assessee in case of under-estimate, etc.
96
217
Interest payable by assessee in case of under-estimate, etc.
97
218
When assessee deemed to be in default
98
219
Credit for advance tax
99
228A
Recovery of tax in pursuance of agreements with foreign countries.
100
234A
Interest for default in furnishing return of income
101
234B
Interest for default in payment of advance tax
102
234C
Interest for deferment of advance tax
103
245N
Definitions.
104
245-O
Authority for Advance Rulings.
105
245P
Vacancies, etc., not to invalidate proceedings.
106
245Q
Application for advance ruling.
107
245R
Procedure on receipt of application.
108
245RR
Appellate authority not to proceed in certain cases.
109
245S
Applicability of advance ruling.
110
245T
Advance ruling to be void in certain circumstances
111
245U
Powers of the Authority.
112
245V
Procedure of Authority
113
271BA
Penalty for failure to furnish report under section 92E.
114
271C
Penalty for failure to deduct tax at source
115
271G
Penalty for failure to furnish information or document under section 92D
116
285
Submission of statement by a non-resident having liaison office
117
115BBA
Tax on non-resident sportsmen or sports associations.
118
115D
Special provision for computation of total income of nonresidents.
119
115I
Chapter not to apply if the assessee so chooses.
120
115J
Special provisions relating to certain companies
121
115JA
Deemed income relating to certain companies
122
115JAA
Tax credit in respect of tax paid on deemed income relating to certain companies
123
115JB
Special provisions for payment of tax by certain companies
124
194E
Payments to non-resident sportsmen or sports associations.
125
220
When tax payable and when assessee deemed in default
126
221
Penalty payable when tax in default
127
222
Certificate to tax recovery officer
128
226
Other modes of recovery
129
230
Tax clearance certificate

No comments:

Post a Comment