Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
The FEMA (Non-debt Instruments) (Third Amendment) Rules, 2026 expand the relevant investment and transfer permissions from NRIs/OCIs to any individual person resident outside India, while retaining repatriation-based dealings in listed Indian companies and related securities. The amendment also revises Chapter V headings and Schedule III to align the framework with this broader category, subject to existing schedule conditions, Government approval for sensitive sectors, and additional approval where ownership or control would pass to entities or citizens of land-border countries or their beneficial owners. It also tightens portfolio holding limits, requires divestment or reclassification to FDI on breach of the ten per cent cap, and clarifies that interim breach is not a contravention if cured within the prescribed time.
The FEMA (Non-debt Instruments) (Third Amendment) Rules, 2026 expand the relevant investment and transfer permissions from NRIs/OCIs to any individual person resident outside India, while retaining repatriation-based dealings in listed Indian companies and related securities. The amendment also revises Chapter V headings and Schedule III to align the framework with this broader category, subject to existing schedule conditions, Government approval for sensitive sectors, and additional approval where ownership or control would pass to entities or citizens of land-border countries or their beneficial owners. It also tightens portfolio holding limits, requires divestment or reclassification to FDI on breach of the ten per cent cap, and clarifies that interim breach is not a contravention if cured within the prescribed time.
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