Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
🔎 TMI Notes - Adv. Search
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ----
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
RelevanceDefaultDate
    NewsBills
    AMENDMENT IN THE SIXTH SCHEDULE TO THE FINANCE ACT, 2018 - Customs - FINANCE (No.2) BILL, 2019
    NewsBills
    Effective change in rate of Road and Infrastructure Cess on Petrol and Diesel - FINANCE (No.2) BILL,...
    NewsBills
    RETROSPECTIVE AMENDMENTS OF RATE NOTIFICATIONS - Customs - FINANCE (No.2) BILL, 2019
    NewsBills
    Miscellaneous changes in Customs - FINANCE (No.2) BILL, 2019
    NewsBills
    Amendments in Excise - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENTS IN THE FOURTH SCHEDULE TO THE CENTRAL EXCISE ACT, 1944 - FINANCE (No.2) BILL, 2019
    NewsBills
    PROPOSALS INVOLVING CHANGE IN EXCISE DUTY RATES THROUGH NOTIFICATIONS - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENT IN THE EIGHTH SCHEDULE TO THE FINANCE ACT, 2002 - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENT IN THE SIXTH SCHEDULE TO THE FINANCE ACT, 2018 - FINANCE (No.2) BILL, 2019
    NewsBills
    Effective change in rate of Special Additional Excise Duty and Road and Infrastructure Cess on Petro...
    NewsBills
    SERVICE TAX - FINANCE (No.2) BILL, 2019
    NewsBills
    Sabka Vishwas Legacy Dispute Resolution Scheme - FINANCE (No.2) BILL, 2019
    NewsBills
    Goods and Services Tax - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENTS IN THE CGST ACT, 2017 - FINANCE (No.2) BILL, 2019
    NewsBills
    AMENDMENTS IN THE IGST ACT, 2017 - FINANCE (No.2) BILL, 2019
    NewsBills
    Retrospective Amendments of GST rate notifications - FINANCE (No.2) BILL, 2019
    Act RulesIncome Tax
    Facility of Form SUGAM (ITR-4) - List of person who are eligible and who are not eligible to avail t...
    Act RulesIncome Tax
    Facility of Form SAHAJ (ITR-1) - List of person who are eligible and who are not eligible to avail t...
    Levy of GST on providing back office support services, payroll processing, to main records of employ...
    ManualsIncome Tax
    Can a Non-Resident claim deduction u/s 80QQB for royalty income ?
❯❯
MaximizeMaximizeMaximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

    +

    Are you sure you want to delete "My most important" ?

    NOTE:

    Notes
    Showing Results for :
    Reset Filters
    Results Found:
    Show All SummariesHide All Summaries
    NewsBills
    Show AI Summary
    Road and Infrastructure Cess increase on petrol and diesel takes effect, raising scheduled additional customs duty per litre.
    Amendment to the Sixth Schedule to the Finance Act, 2018 increases the scheduled rate of Road and Infrastructure Cess as an additional duty of customs on motor spirit (petrol) and high speed diesel; the Finance (No. 2) Bill, 2019 prescribes the new per litre scheduled rate and the amendment is to take effect from 06.07.2019 with immediate provisional operation under the Provisional Collection of Taxes Act, 1931.
    NewsBills
    Show AI Summary
    Road and Infrastructure Cess increase on petrol and diesel raises additional customs duty incidence and alters fuel taxation.
    The Finance (No. 2) Bill, 2019 increases the Road and Infrastructure Cess levied as an additional duty of customs on motor spirit (petrol) and high speed diesel, thereby raising the per litre cess rate applied to these fuels and altering the customs duty component in fuel taxation.
    NewsBills
    Show AI Summary
    Retrospective amendments correct customs classifications and extend exemptions for temporary vehicle imports and antidumping measures.
    The Finance (No. 2) Bill, 2019 proposes retrospective amendments to insert correct customs tariff headings for stearic acid and to correct antidumping classifications and exclusions for polyester yarn and polypropylene, and to give retrospective effect to an exemption of IGST and compensation cess on temporary vehicle imports under the carnet regime, thereby altering duty, IGST/cess and antidumping chargeability for specified past periods.
    NewsBills
    Show AI Summary
    Customs tariff amendments extend concessional feed treatment and explicitly exempt specified semiconductor machines and audio components from BCD.
    The amendments confirm that prawn feed and shrimp larvae feed in any form attract a concessional rate of 5%, while fish feed qualifies only in pellet form; propose inclusion of HS 8486 to exempt semiconductor manufacture machines from basic customs duty; add headphones, earphones and combined microphone/speaker sets to tariff subheading 8518 30 00 consistent with ITA commitments; and amend notification No. 57/2017-Customs to explicitly exclude microphones, receivers, speakers, connectors and SIM sockets from a concession entry.
    NewsBills
    Show AI Summary
    Excise duty definitions clarified: amendments specify basic excise duty, road and infrastructure cess, and special additional excise duty.
    Amendments define three core excise components-Basic Excise Duty as set out in the Fourth Schedule, Road and Infrastructure Cess as the additional excise introduced by the Finance Act 2018, and Special Additional Excise Duty as the levy created by the Finance Act 2002-and provide that changes effected by the Finance (No. 2) Bill, 2019 take effect on enactment unless otherwise specified.
    NewsBills
    Show AI Summary
    Basic excise duty on petroleum crude raised, imposing a nominal per tonne duty and enabling provisional collection under tax law.
    The Finance (No.2) Bill, 2019 amends the Fourth Schedule to the Central Excise Act, 1944 to impose a nominal per tonne basic excise duty on petroleum crude, changing the rate from nil and providing that the revised duty operates immediately under a declaration made under the Provisional Collection of Taxes Act, 1931.
    NewsBills
    Show AI Summary
    Excise duty changes impose specified rates on a range of tobacco products and alter duty treatment for crude petroleum.
    Proposals set out notification based excise duty rates for multiple tobacco tariff lines-imposing per unit and percentage levies on specified categories of cigarettes, biris, smoking mixtures, chewing tobacco, snuff, tobacco extracts and other manufactured tobacco or substitutes-replacing prior nil treatment. They also remove a nominal per tonne excise charge on crude petroleum produced under production sharing contracts and certain exploration blocks, with each tariff line assigned a precise levy form to be applied by notification.
    NewsBills
    Show AI Summary
    Special additional excise duty increase on petrol and diesel imposes higher fuel taxes immediately under provisional collection.
    Amendment raises the scheduled rates of Special Additional Excise Duty on petrol and diesel by modifying the Eighth Schedule to the Finance Act, 2002 via the Finance (No. 2) Bill, 2019; the change is to take effect immediately under a provisional collection declaration, with the operative rates to be prescribed by subsequent notification.
    NewsBills
    Show AI Summary
    Road and Infrastructure cess increase on petrol and diesel takes effect immediately under Provisional Collection of Taxes framework.
    The Finance (No. 2) Bill, 2019 amends the Sixth Schedule to the Finance Act, 2018 to increase the Road and Infrastructure cess as an additional excise duty on motor spirit (petrol) and high speed diesel from Rs. 8 per litre to Rs. 10 per litre, with the amendment declared effective from 6 July 2019 under a provisional collection declaration and to be implemented by notification.
    NewsBills
    Show AI Summary
    Excise duty increases on petrol and diesel under Finance Bill raise effective tax rates for fuel levies.
    The Finance (No.2) Bill, 2019 increases the effective rates of Special Additional Excise Duty and Road and Infrastructure Cess on motor spirit (petrol) and high speed diesel by substituting the prior per litre rates with higher per litre rates for each levy, with the cess expressly levied as an additional duty of excise.
    NewsBills
    Show AI Summary
    Service tax retrospective exemptions expanded to specified state licence fees, select IIM programmes, and upfront lease consideration.
    The Finance (No. 2) Bill, 2019 proposes retrospective Service Tax exemptions: (i) State Government consideration for grant of liquor licences for 1 April 2016-30 June 2017; (ii) specified Indian Institutes of Management educational programmes (excluding Executive Development Programmes) for 1 July 2003-31 March 2016; and (iii) upfront amounts paid for long term (thirty years or more) leases of development plots by State industrial/majority government entities for 1 October 2013-30 June 2017.
    NewsBills
    Show AI Summary
    Dispute resolution amnesty scheme introduced to settle legacy central excise and service tax cases under the Finance Bill.
    The Finance (No.2) Bill, 2019 introduces a Sabka Vishwas Legacy Dispute Resolution Scheme, a dispute resolution cum amnesty mechanism to resolve and settle legacy Central Excise and Service Tax cases through provisions in clauses 119-134 of the Bill, establishing a time bound framework for admission and settlement of eligible legacy disputes.
    NewsBills
    Show AI Summary
    GST amendment effective dates clarified: central amendments effective on enactment while finance-bill changes await notification.
    Amendments carried out through the Finance (No.2) Bill, 2019 take effect on the date of its enactment unless otherwise specified; amendments carried out in the Finance Bill, 2019 will come into effect from the date when they are notified, concurrently with corresponding amendments to the Acts passed earlier by the States and Union territories with legislature.
    NewsBills
    Show AI Summary
    National Appellate Authority for Advance Ruling clarifies binding advance rulings, procedural powers and remedies under amended CGST framework.
    The amendments create a National Appellate Authority for Advance Ruling with defined composition, powers to regulate procedure and exercise civil court powers, time bound disposal and limited rectification capacity; its advance rulings are binding on distinct applicants and registered persons with the same permanent account identifier and void if obtained by fraud. They also introduce an alternative composition scheme for service/mixed suppliers with specified turnover limits, clarify treatment of interest/discount for turnover computations, raise the exclusive goods exemption threshold, mandate Aadhaar authentication for specified taxpayers, require specified electronic payment options, permit electronic cash ledger head transfers and authorize Commissioner extensions for certain filings, while calibrating interest charging and refund disbursement, and enhancing anti profiteering penalty authority.
    NewsBills
    Show AI Summary
    Intergovernmental transfer of IGST collections enabled to reflect electronic cash ledger head reallocation between Centre and States.
    A new provision adds intergovernmental transfer mechanics to the IGST Act to govern movement of amounts between the Centre and States arising from reallocation of funds between heads within the electronic cash ledger, providing the legal basis for adjusting IGST-related balances and transferring sums to reflect such ledger head transfers.
    NewsBills
    Show AI Summary
    Retrospective GST exemption: Uranium Ore Concentrate exempted from central, integrated and UT tax for 2017 period.
    The Finance (No. 2) Bill, 2019 retrospectively amends Notification No. 2/2017 under the Central, Integrated and Union Territory GST rate schedules to exempt Uranium Ore Concentrate from Central Tax, Integrated Tax and Union Territory Tax for the period from 1st July, 2017 to 14th November, 2017, effectuating a removal of tax incidence on that good by amendment of the respective notifications.
    Act RulesIncome Tax
    Show AI Summary
    Eligibility for SUGAM ITR-4: resident individuals, HUFs and resident firms with presumptive business income may use the simplified return.
    Eligibility to file Form SUGAM (ITR-4) is limited to resident individuals, resident HUFs (other than not ordinarily resident), and resident firms (excluding LLPs) deriving business or professional income computed under presumptive provisions of sections 44AD, 44ADA or 44AE. Explicit exclusions bar persons with foreign assets/signing authority/income, directorships, unlisted equity holdings in the previous year, income above the prescribed limit, more than one taxable house property, brought forward or carry forward losses, assessments where tax was deducted in another's hands, claims under double taxation provisions or deduction under section 91, certain agricultural income, and incomes taxable under specified special heads.
    Act RulesIncome Tax
    Show AI Summary
    ITR form eligibility limited to resident individuals with salary, single house and non lottery other income; foreign interests excluded.
    Form SAHAJ (ITR 1) is available only to resident individuals whose taxable income arises solely from salaries or family pension, income from a single house property without brought forward or current losses under that head, and other sources excluding lottery winnings and race horse income, provided they do not fall into disqualifying categories such as foreign assets, foreign income or signing authority, income requiring apportionment, directorships, unlisted equity shareholdings, tax assessed on income with TDS in another person's hands, claims for double taxation relief, specified deductive claims, agricultural income above a small threshold, or total income above the prescribed upper limit.
    Act RulesGST
    Show AI Summary
    Place of supply rules: intermediary back office services treated at supplier location and not as export, GST applies.
    The applicant's back office and payroll processing activities qualify as services rendered as an intermediary; under the IGST intermediary rule the place of supply is the supplier's location. The services do not satisfy all conditions for export of services (clause (iii) of the export definition fails) and therefore are not zero rated; GST is payable.
    ManualsIncome Tax
    Show AI Summary
    Deduction for authors' royalty income available only to resident authors under income tax rules; non-residents are ineligible.
    The deduction for authors' royalty income under section 80QQB is limited to individual taxpayers who are resident-either resident and ordinarily resident or resident but not ordinarily resident-and excludes non-resident authors, so non-residents cannot claim the royalty deduction.

    TMI Notes

    Back

    All TMI Notes

    Showing Results for :
    Reset Filters
      No Records Found

      TMI Notes

      Back

      All TMI Notes

      whatsappJoin Channel
      Showing Results for : Reset Filters

      Comparison of Section 208 "Tax on income from units purchased in foreign currency or capital gains arising from their transfer." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

      5 September, 2025

      Contents
      Acts
      Rules & Regulations
      Summary
      Note

      Note

      -

      Bookmark

      Print

      Print

      Section 208 Tax on income from units purchased in foreign currency or capital gains arising from their transfer.

      Income-tax Act, 2025

      At a Glance

      The provided document is Clause 208 of the Income Tax Bill, 2025 - (Old Version), titled "Tax on income from units purchased in foreign currency or capital gains arising from their transfer." It prescribes special tax treatment for "overseas financial organisations" investing in specified Indian units. The provision affects offshore funds and, indirectly, specified mutual funds and public financial institutions. Effective date or enactment timing: Not stated in the document.

      Background & Scope

      Statutory hooks: Clause 208 is located in the Bill under the heading "Special provisions relating to non-residents and foreign company." It provides a targeted tax regime for an "overseas financial organisation" (Offshore Fund) that invests in India under arrangements with specified Indian entities and with SEBI approval. The clause covers income received in respect of units purchased in foreign currency, long-term capital gains on transfer of such units, and the balance of total income. Definitions provided in the clause include "overseas financial organisation," "public financial institution" (by reference to section 2(72) of the Companies Act, 2013), and "unit" (unit of a mutual fund specified in Schedule VII or the Unit Trust of India). Contextual policy objectives: Not stated in the document.

      Statutory Provision Mode

      Text & Scope

      The clause creates a composite tax structure for Offshore Funds. The tax payable is determined by a table with three categories:

      • Income received in respect of units purchased in foreign currency - Income-tax payable stated as "10%."
      • Long-term capital gains arising from transfer of such units - Income-tax payable stated as "12.5%."
      • "Total income as reduced by income referred to in against serial numbers 1 and 2" - tax treatment described as "Income-tax chargeable on such income."

      Paragraph (2) addresses deduction limitations: where the Offshore Fund's gross total income consists only of the unit income or long-term capital gains (or both), no deductions are allowed u/ss 26-61 or section 93(1)(a) and (e) or under Chapter VIII. If gross total income includes such income along with other income, the clause requires that the gross total income be reduced by the unit incomes for the purpose of allowing Chapter VIII deductions "as if" the reduced gross total income were the fund's gross total income.

      Interpretation

      The clause establishes a preferential/segregated tax treatment for certain categories of income of Offshore Funds rather than taxing the whole global income under general rates. The table reflects source-specific rates (10% and 12.5%) and contemplates residual income taxed under ordinary provisions. The language in paragraph (1) as drafted in the Bill treats the column C entries as amounts payable; given those are percentages, interpretation requires reading them as rates. The clause also attempts to ring-fence specified incomes for limited deduction access, suggesting a legislative intent to limit deduction claims against the preferred categories. Legislative intent beyond the text: Not stated in the document.

      Exceptions/Provisos

      Paragraph (2) provides the principal exception: where the fund's gross total income consists solely of the specified unit incomes, the clause disallows a broad swathe of deductions (sections 26-61, section 93(1)(a) & (e), and Chapter VIII). Where specified incomes form part of a mixed income stream, the specified incomes are to be segregated out for deduction computation purposes so that Chapter VIII deductions are allowed on the residual gross total income. Any other provisos or carve-outs: Not stated in the document.

      Illustrations

      • Example 1: An Offshore Fund has only income of 10 million INR from units purchased in foreign currency. Under the clause, that income would be subject to 10% tax; no deductions u/ss 26-61 or Chapter VIII would be allowable. The document does not state whether tax computation permits exemptions or credits; hence further computation specifics: Not stated in the document.
      • Example 2: An Offshore Fund has 10 million INR of unit income (subject to 10%) and 2 million INR of other income. The clause directs that the gross total income be reduced by the unit income for deduction purposes and that Chapter VIII deductions be allowed as if the reduced gross total income (2 million) were the gross total income. The document does not state how Chapter VIII deductions interact with other statutory reliefs or whether the 10% rate applies after or before such segregation for other taxes: Not stated in the document.

      Interplay

      The clause cross-references several statutory provisions: section 93(1)(a)/(e), Chapter VIII (deductions), sections 26-61, and the Companies Act definition for "public financial institution" (section 2(72)). It also references Schedule VII entries for identifying eligible mutual funds and requires SEBI approval for the arrangement. No implementing Rules, Notifications, or Circulars are cited in the Bill text provided. Where interaction with other tax provisions or double taxation treaties may arise: Not stated in the document.

      Differences Between Section 208 of the Income-tax Act, 2025 and Clause 208 of the Income Tax Bill, 2025 - (Old Version) and Practical Impact

      The two texts are substantially similar in structure and substantive content. Key textual differences and their practical impact are as follows:

      • Terminology for tax computation (Table column heading): The Act version (Section 208) states "Rate of income-tax payable" in column C, whereas the Bill (Clause 208 old version) uses "Income-tax payable" and, for item 3, "Income-tax chargeable on such income."
        • Practical impact: None substantive - both convey that fixed rates apply for specified incomes and the prevailing rates apply to the balance; the Act wording is marginally clearer in signalling rate-based computation.
      • References to section numbers for disallowance/deductions: Section 208 (Act) disallows deductions under "sections 28 to 58, 60 and 61 or section 93(1)(a) or (e) or under Chapter VIII"; Clause 208 (Bill) disallows deductions under "sections 26 to 61 or section 93(1)(a) and (e) or under Chapter VIII."
        • Practical impact: Potential substantive difference - the Bill's broader range (sections 26-61) would exclude more deductions if it were applied; the Act's narrower list (28-58, 60, 61) narrows the exclusion. If the Act text is authoritative, certain deductions falling in sections 26-27 or 59 would remain available; conversely, the Bill's earlier drafting would have disallowed those. The provided materials do not state legislative intent for this change.
      • Computation language for aggregate tax: Section 208(1) (Act) states the tax "shall be the aggregate of income-tax computed at the rate specified in the column C applied on the corresponding income specified in column B." The Bill phrasing said "shall be the aggregate of the amount specified in column C thereof."
        • Practical impact: The Act wording better describes rate application (rate x income); the Bill wording could be read as implying fixed amounts in column C. However, because column C contains percentage figures, the Act wording reduces ambiguity. The documents do not state any consequential computational rules beyond the table.

      Practical Implications

      • Compliance and risk areas grounded in the clause: Offshore Funds must establish that (i) the investment arrangement is with an eligible public sector bank, public financial institution or specified mutual fund; and (ii) the arrangement has SEBI approval. The clause conditions preferential tax treatment on these qualifying facts; documentation and SEBI approval evidence will be material. Any procedural details or documentary standards: Not stated in the document.
      • Record-keeping/evidence points suggested by the text: maintain records of the arrangement with Indian entities, SEBI approval, characterization of units as "purchased in foreign currency," computation segregating incomes and application of the specified rates. The clause does not prescribe exact records or timeframes for retention: Not stated in the document.

      Key Takeaways

      • Clause 208 creates a separate tax regime for Offshore Funds investing in specified Indian units with SEBI-approved arrangements.
      • Specified incomes are taxed at 10% (income from units purchased in foreign currency) and 12.5% (long-term capital gains on transfer of such units); other income is taxed under ordinary provisions.
      • Deductions are broadly restricted where an Offshore Fund's gross total income consists solely of the specified incomes (disallowance stated for sections 26-61, section 93(1)(a) & (e), and Chapter VIII).
      • Where specified incomes coexist with other income, the clause requires segregation so Chapter VIII deductions apply to the residual income "as if" that residual were the gross total income.
      • Definitions and eligibility pivot on arrangements with specified Indian entities and SEBI approval; precise procedural and evidentiary requirements are not set out in the Bill text.
      • Certain drafting differences between the Bill and the later Act text (e.g., the range of sections listed for disallowance and the phrasing of tax computation) may affect deduction availability and interpretive clarity.

      Full Text:

      Section 208 Tax on income from units purchased in foreign currency or capital gains arising from their transfer.

      Topics

      ActsIncome Tax