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        Income Tax

        Rule 51 - Other conditions required to be fulfilled by the original fund

        Income-Tax Rules, 2026

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        Original fund concentration rule limits resident Indian participation when transferring assets to a Category III Alternative Investment Fund. The original fund must satisfy a concentration condition when a capital asset is transferred to a resultant fund that is a Category III Alternative Investment Fund. The aggregate participation or investment in the original fund by persons resident in India, whether direct or indirect, must not exceed 5% of the corpus at the time of transfer. The expressions original fund and resultant fund take the meanings assigned in the governing statutory provision.
                      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.

                            Original fund concentration rule limits resident Indian participation when transferring assets to a Category III Alternative Investment Fund.

                            The original fund must satisfy a concentration condition when a capital asset is transferred to a resultant fund that is a Category III Alternative Investment Fund. The aggregate participation or investment in the original fund by persons resident in India, whether direct or indirect, must not exceed 5% of the corpus at the time of transfer. The expressions original fund and resultant fund take the meanings assigned in the governing statutory provision.


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