Provisions & Sections to be complied by the Non Resident planning to set up the business in India & Resident dealing with the Non Resident: A compilation
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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