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        Case ID :

        Clarification on Indirect Transfer provision under the Income Tax Act, 1961

        January 18, 2017

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        Circular No. 41/2016 was issued on 21 December, 2016 which dealt with clarification on Indirect Transfer provisions. After the issue of the aforementioned circular, representations have been received from various FPIs, FIIs, VCFs and other stakeholders. The stakeholders have presented their concerns stating that the circular does not address the issue of possible multiple taxation of the same income. The representations made by the stakeholders are currently under consideration and examination. Pending a decision in the matter, the operation of the above mentioned circular is kept in abeyance for the time being.

        Indirect transfer provision pause: circular suspended pending review of stakeholder concerns over multiple taxation. Clarification concerns the Indirect Transfer provision under the Income Tax Act, 1961 and a government circular interpreting its scope. Stakeholders raised concerns that the circular may permit multiple taxation of the same income; their representations are under consideration. Pending resolution, the operation of the circular has been placed in abeyance, temporarily suspending its effect until a decision is taken.
                        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.

                              Indirect transfer provision pause: circular suspended pending review of stakeholder concerns over multiple taxation.

                              Clarification concerns the Indirect Transfer provision under the Income Tax Act, 1961 and a government circular interpreting its scope. Stakeholders raised concerns that the circular may permit multiple taxation of the same income; their representations are under consideration. Pending resolution, the operation of the circular has been placed in abeyance, temporarily suspending its effect until a decision is taken.





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                              ActsIncome Tax
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