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Foreign company residency triggers domestic tax provisions subject to notification, with reassessment if notification conditions are breached. When a foreign company newly becomes resident in India, specified domestic tax rules apply subject to Central Government notification detailing exceptions and adaptations covering computation of total income, unabsorbed depreciation, loss set off and carry forward, collection and recovery, and anti avoidance provisions. If residency is determined in assessment proceedings, the notified application extends to succeeding years ending before completion of that assessment. Failure to comply with notified conditions renders previously allowed benefits wrongly allowed, permits re computation of total income as if exceptions did not apply, and activates reassessment rules with time limits tied to the year of non compliance.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Foreign company residency triggers domestic tax provisions subject to notification, with reassessment if notification conditions are breached.</h1> When a foreign company newly becomes resident in India, specified domestic tax rules apply subject to Central Government notification detailing exceptions and adaptations covering computation of total income, unabsorbed depreciation, loss set off and carry forward, collection and recovery, and anti avoidance provisions. If residency is determined in assessment proceedings, the notified application extends to succeeding years ending before completion of that assessment. Failure to comply with notified conditions renders previously allowed benefits wrongly allowed, permits re computation of total income as if exceptions did not apply, and activates reassessment rules with time limits tied to the year of non compliance.
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