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
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
    Act RulesIncome Tax
    Comparison of section 242 "Jurisdiction of Assessing Officers." between the Income-Tax Act, 2025 (as...
    Act RulesIncome Tax
    Comparison of section 240 "Taxpayer's Charter." between the Income-Tax Act, 2025 (as passed) and the...
    Act RulesIncome Tax
    Comparison of section 239 "Instructions to subordinate authorities." between the Income-Tax Act, 202...
    Act RulesIncome Tax
    Comparison of section 237 "Appointment of income-tax authorities." between the Income-Tax Act, 2025 ...
    Act RulesIncome Tax
    Comparison of section 232 "Certain conditions for applicability of tonnage tax scheme." between the ...
    Act RulesIncome Tax
    Comparison of section 231 "Method of opting of tonnage tax scheme and validity." between the Income-...
    Act RulesIncome Tax
    Comparison of section 230 "Exclusion of deduction, loss, set off, etc." between the Income-Tax Act, ...
    Act RulesIncome Tax
    Comparison of section 229 "Depreciation and gains relating to tonnage tax assets." between the Incom...
    Act RulesIncome Tax
    Comparison of section 228 "Relevant shipping income and exclusion from book profit." between the Inc...
    Act RulesIncome Tax
    Comparison of section 226 "Tonnage tax scheme." between the Income-Tax Act, 2025 (as passed) and the...
    Act RulesIncome Tax
    Comparison of section 225 "Income from business of operating qualifying ships." between the Income-T...
    Act RulesIncome Tax
    Comparison of section 223 "Tax on income of unit holder and business trust." between the Income-Tax ...
    Act RulesIncome Tax
    Comparison of section 214 "Tax on investment income and long-term capital gains." between the Income...
    Act RulesIncome Tax
    Comparison of Section 212 "Interpretation." between the Income-Tax Act, 2025 (as passed) and the Inc...
    Act RulesIncome Tax
    Comparison of Section 210 "Tax on income of Foreign Institutional Investors from securities or capit...
    Act RulesIncome Tax
    Comparison of Section 209 "Tax on income from bonds or Global Depository Receipts purchased in forei...
    Act RulesIncome Tax
    Comparison of Section 208 "Tax on income from units purchased in foreign currency or capital gains a...
    Act RulesIncome Tax
    Comparison of Section 207 "Tax on dividends, royalty and fees for technical service in case of forei...
    Act RulesIncome Tax
    Comparison of Section 206 "Special provision for minimum alternate tax and alternate minimum tax." b...
    Act RulesIncome Tax
    Comparison of Section 205 "Conditions for tax on income of certain companies and co-operative societ...
❯❯
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
    Act RulesIncome Tax
    Show AI Summary
    Assessing Officer jurisdiction defined by place of business or residence; intra departmental determination and strict time bars follow.
    Section 242 defines Assessing Officer jurisdiction vested by directions/orders under section 241(1)-(3): jurisdiction for businesses attaches to the place of business or principal place, and for others to residence. Jurisdictional disputes are to be determined by specified income tax authorities or, where those authorities disagree, by the Board or a Board designated authority. The section bars late challenges to jurisdiction by reference to specified notice periods and assessment completion events, requires AOs to refer unresolved timely challenges for departmental determination before assessing, and preserves AO powers over income within the vested area; the enacted text omits certain cross references present in the originating bill.
    Act RulesIncome Tax
    Show AI Summary
    Taxpayer's Charter: Board empowered to adopt and direct administration, granting wide administrative discretion over implementation.
    Section 240 obligates the Board to adopt and declare a Taxpayer's Charter and to issue orders, instructions, directions or guidelines to other income-tax authorities for its administration; the Board is not defined here and the phrase "as it considers fit" grants wide administrative discretion. The provision is enabling and administrative in character, lacks Charter content, enforcement mechanisms, timelines and definitions of affected authorities, and the practical effect depends on subsequent instruments implementing the Charter.
    Act RulesIncome Tax
    Show AI Summary
    Board power to issue binding administrative instructions, limited to avoid directing case outcomes and protecting appellate discretion.
    The Board is empowered to issue binding orders, instructions and directions to subordinate income tax authorities for uniform administration while being expressly prohibited from directing a specific outcome in any particular case or interfering with appellate officers' discretion. The Board may issue general or special orders to set procedural guidelines, publish them for public guidance, authorise non appellate authorities to admit time barred claims to alleviate genuine hardship, and relax specified procedural requirements where non compliance was beyond the assessee's control, subject to reasons and parliamentary laying of such relaxation orders.
    Act RulesIncome Tax
    Show AI Summary
    Appointment powers: Central Government may appoint and delegate tax authority appointments, subject to service rules and orders.
    Section 237 vests plenary appointment power for income-tax authorities in the Central Government, allows delegation to the Board and specified senior tax officers to appoint officers below the rank of Deputy Commissioner or Assistant Commissioner, and permits Board authorised income-tax authorities to appoint necessary executive and ministerial staff; both delegation and staffing powers are expressly qualified "subject to the rules and its orders regulating the conditions of service of persons in public services and posts."
    Act RulesIncome Tax
    Show AI Summary
    Tonnage tax reserve requirement ties tax benefits to reinvestment and training; non compliance ends tonnage tax option.
    Section 232 requires tonnage tax companies to credit a mandated proportion of book profit from qualifying shipping activities to a Tonnage Tax Reserve Account annually, permitting use of the reserve within a fixed period for acquisition of qualifying new ships or for operating qualifying ships while prohibiting distributions or offshore asset creation; misuse or non utilisation causes apportionment and taxation of the relevant shipping income, and repeated failures in reserve creation or in meeting training and charter in limits lead to cessation of the tonnage tax option. Reporting, separate books and prescribed certificates are required, and several operational details are left to delegated rules.
    Act RulesIncome Tax
    Show AI Summary
    Tonnage tax election: structured application, limited renewal and extended re entry bar on opting into the regime.
    Tonnage tax election requires a qualifying company to apply to the Joint Commissioner in the prescribed form and manner within the statutory initial window; the Commissioner may request documents, must afford a reasonable opportunity to be heard before refusing, and must issue a written order within a fixed decision period. Approval makes the scheme applicable from the tax year of election and keeps the option in force for a defined multi year term; cessation events and a restricted renewal window are specified, and a prolonged bar prevents re entry after voluntary opt out, default, or exclusion.
    Act RulesIncome Tax
    Show AI Summary
    Exclusion of deductions and losses: tonnage tax confines shipping losses within the tonnage regime, barring cross set off.
    The tonnage tax regime confines tax treatment of qualifying shipping operations by treating general loss and deduction provisions as having been applied within each relevant tonnage tax year, prohibiting carry forward or set off of specified losses relating to qualifying ships while under the scheme, and requiring depreciation and pre option loss treatment to reflect deductions as if claimed and allowed; any apportionment of pre option losses must be made on a reasonable basis.
    Act RulesIncome Tax
    Show AI Summary
    Depreciation allocation for tonnage tax assets: apportioned WDV creates separate qualifying blocks and governs capital gains treatment.
    Clause 229 requires first-year depreciation for the tonnage tax scheme to be computed on the tax written down value apportioned between qualifying and non-qualifying ships using book WDV proportions; the apportioned qualifying amount forms a separate block for depreciation, transfers between blocks follow prescribed proportional formulas on change of use, and disposals of qualifying assets are taxed as capital gains with section 74 applied to the qualifying block's WDV.
    Act RulesIncome Tax
    Show AI Summary
    Relevant shipping income exclusion from book profit narrowed to a specific book profit computation, clarifying tonnage tax scope and compliance.
    Relevant shipping income comprises profits from enumerated core ship operations and prescribed incidental activities for a tonnage tax company; incidental receipts above the prescribed threshold are excluded from the tonnage measure and taxed generally. Transfers between tonnage and non tonnage businesses are to be tested at market value or, where impracticable, computed on a reasonable basis by the Assessing Officer. Common costs and depreciation must be reasonably allocated, losses in relevant shipping income are ignored for tonnage computation, and the book profit or loss from relevant shipping activities is excluded from the company's book profit for the specified computation under section 206.
    Act RulesIncome Tax
    Show AI Summary
    Tonnage tax scheme requires separate business treatment and distinct computation for qualifying shipping operations upon exercise of option.
    An elective tonnage tax scheme treats qualifying shipping operations as a separate business requiring separate computation of profits; operation includes owned, chartered and partial charter arrangements. Tonnage income is computed under the Part's computation provision and deemed to be profits of business, with relevant shipping income not chargeable where the scheme applies. The regime is available only if the company exercises the statutory option; absent the option, general provisions apply.
    Act RulesIncome Tax
    Show AI Summary
    Tonnage tax option for ship operators permits elective computation and deems such income as business income.
    The provision allows companies operating qualifying ships to elect a special tonnage computation and deems the resulting amount to be profits and gains of business or profession, while the enacted text limits the clause's non-application by preserving the operation of certain specified provisions.
    Act RulesIncome Tax
    Show AI Summary
    Deeming rule: distributions retain trust character, requiring payer reporting and trust taxation at maximum marginal rate.
    Clause 223 deems distributions by a business trust to retain the same character and proportion in the hands of unit holders, charges the trust's total income at the maximum marginal rate subject to qualifying statutory mechanisms, treats specified scheduled items as unit holder income in the year of receipt, excludes certain sums from the deeming rule, and requires payers to furnish prescribed statements detailing the nature of distributed amounts.
    Act RulesIncome Tax
    Show AI Summary
    Tax on investment income: enacted wording omits explicit treatment of long term capital gains on non specified assets, creating rate uncertainty.
    Special tax rates apply to certain income categories of a non-resident Indian: a specified rate on income from investment, a separate concessional rate on long-term capital gains from a "specified asset," and general rates for residual total income; the enacted text omits an explicit allocation of long-term capital gains on non-specified assets into the investment-income category, creating uncertainty whether such gains attract the special investment rate or fall to residual rates.
    Act RulesIncome Tax
    Show AI Summary
    Foreign exchange asset classification determines tax treatment of income from assets acquired in convertible foreign exchange.
    Definitions for sections 213-218 tie asset status to acquisition in convertible foreign exchange: a foreign exchange asset is any specified asset acquired with convertible foreign exchange; investment income is any income from such an asset; long-term capital gains are capital gains on a foreign exchange asset that is not short-term; non-resident Indian is a person not resident who is either an Indian citizen or of Indian origin; specified asset lists shares, certain debentures, certain deposits and Central Government securities, with a government notification power and a changed statutory cross-reference for government securities between Bill and Act.
    Act RulesIncome Tax
    Show AI Summary
    Taxation of foreign institutional investors' securities income: fixed-category rates apply and residual income taxed under general rates.
    The provision creates a category-based tax regime for Foreign Institutional Investors and specified funds, requiring segregation of securities income and capital gains into prescribed heads and applying fixed tax rates to each head, with residual income taxed at general rates. Specified funds are taxed only on amounts attributable to units held by non-residents (attribution to be prescribed). Where gross total income is solely securities income, routine deductions are disallowed; where mixed, specified incomes are excluded for deduction computations. A specified loss-set-off mechanism is excluded for the listed capital gains.
    Act RulesIncome Tax
    Show AI Summary
    Tax on foreign currency bonds and GDRs: clarified computation and fixed-source tax treatment for non resident incomes.
    Non residents are subject to special tax treatment on interest from specified bonds and dividends on GDRs acquired in foreign currency through an approved intermediary, and on long term capital gains from transfer of those assets; the enacted section prescribes separate tax treatment for each income head, clarifies computation by requiring income tax be computed at the specified rate applied to the corresponding income, and conditions applicability on foreign currency acquisition, intermediary approval, specified deduction exclusions, return filing exceptions and transitional/amalgamation treatment.
    Act RulesIncome Tax
    Show AI Summary
    Preferential tax regime for offshore fund income from foreign currency purchased units, segregating specified incomes and limiting deductions.
    Section 208 creates a separate tax regime for overseas financial organisations investing in specified Indian units: income from units purchased in foreign currency and long term capital gains on transfer of such units are taxed at fixed rates while remaining income is taxed ordinarily. The provision restricts deductions when gross total income consists solely of those specified incomes and requires segregation of specified incomes so Chapter VIII deductions apply only to the residual income. Eligibility depends on arrangements with specified Indian entities and SEBI approval.
    Act RulesIncome Tax
    Show AI Summary
    Head specific tax rates for cross border dividends, royalties and technical fees, with restricted deductions and targeted concessions.
    A head specific source taxation regime imposes fixed tax rates on dividends, specified interest, distributed income, unit income, royalties and fees for technical services for non residents and foreign companies, aggregates tax as the sum of prescribed head rates plus tax on residual income, prescribes targeted preferential rates for certain investment vehicles, and restricts deductions in specified scenarios while relying on cross references to other provisions for definitions and exclusions.
    Act RulesIncome Tax
    Show AI Summary
    Minimum tax regime deeming book profit/adjusted income taxable when regular tax is below prescribed minimum, imposing MAT/AMT.
    Section 206 creates a minimum tax regime whereby, if tax under general provisions is less than a prescribed percentage of book profit (for companies) or adjusted total income (for others), that book profit/adjusted total income is deemed total income and taxed at the prescribed rate. The provision prescribes formulaic add backs and reductions to compute book profit, addresses IND AS transition adjustments, specifies exclusions and carve outs, mandates an accountant's certificate in prescribed form, and provides carry forward and credit rules for excess MAT/AMT paid.
    Act RulesIncome Tax
    Show AI Summary
    Concessional tax computation limited by eligibility rules, asset provenance constraints, and AO power to recharacterise excess profits.
    Clause 205 sets that, for specified concessional provisions, total income must be computed without certain listed deductions or exemptions, conditions eligibility on the origin and nature of the business and on limits for previously used plant, and empowers the Board (with Central Government approval) to issue guidelines subject to parliamentary laying. The Assessing Officer may determine and attribute profits reasonably deemed in excess of ordinary profits where arrangements inflate returns, applying the arm's length principle for specified domestic transactions.

    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 209 "Tax on income from bonds or Global Depository Receipts 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 209 Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer.

      Income-tax Act, 2025

      At a Glance

      These documents reproduce Clause 209 of the Income Tax Bill, 2025 (Old Version) and Section 209 of the Income-tax Act, 2025 as enacted. Both provisions impose special tax treatment for non-residents on income from certain bonds and Global Depository Receipts (GDRs) purchased in foreign currency and on capital gains arising on their transfer. The changes between the Bill and the enacted Section are primarily textual, reference-based and procedural in nature; they affect computation wording, cross-references to other sections, and a minor definitional cross-reference. Affected parties: non-resident investors, financial intermediaries (approved intermediaries), Indian issuing companies and tax administration. Effective date or enactment date: Not stated in the document.

      Background & Scope

      Statutory hook: Clause/Section 209, appearing in the Income Tax Bill, 2025 (old version) and in the Income-tax Act, 2025 respectively. The provision is located within the special provisions relating to non-residents and foreign companies. The text covers income from (i) interest on specified bonds issued by Indian companies or public sector companies and purchased in foreign currency; (ii) dividends on Global Depository Receipts acquired in foreign currency through an approved intermediary; and (iii) long-term capital gains on transfer of those bonds or GDRs. The enacted section also contains procedural provisions governing deductions, returns, and certain transitional/amalgamation situations. Definitions provided in the enacted section include 'approved intermediary' (as per a Central Government-notified scheme) and a cross-reference defining 'Global Depository Receipts' (section 193(4)(a) in the Act). The Bill version contains similar material but uses a different cross-reference for GDRs (section 190(4)(a)).

      Statutory Provision Mode

      Text & Scope

      The provision applies to an assessee who is a non-resident and whose total income includes any of the incomes specified in the statutory Table. The Table enumerates four entries:

      • Interest on (a) bonds of an Indian company issued under a Central Government notified scheme, or (b) bonds of a public sector company sold by the Government, when purchased in foreign currency - taxed at 10%.
      • Dividends on Global Depository Receipts - where the GDRs are issued/re-issued under notified schemes and purchased in foreign currency through an approved intermediary - taxed at 10%.
      • Long-term capital gains on transfer of the bonds or GDRs referred to above - taxed at 12.5%.
      • The remainder: total income as reduced by the incomes in items 1-3 - in the enacted section described as "Rates in force"; in the Bill as "Income-tax chargeable on such income."

      Interpretation

      The enacted text frames the tax liability of a non-resident as "the aggregate of income-tax computed at the rate specified in column C applied on the corresponding income specified in column B." This language emphasises a rate-applied computation for each head listed. The Bill phrasing (aggregate of the amounts mentioned in column C) is functionally similar but less explicit about the computation methodology. The enacted provision also expressly excludes application of section 72(6) for computation of long-term capital gains on these specified assets.

      Exceptions/Provisos

      Several limiting or procedural provisions are present:

      • Where a non-resident's gross total income consists only of interest and/or dividends as specified (items 1 and 2), no deductions are allowed under enumerated provisions (enacted section cites sections 28 to 58, 60 and 61; Bill cited sections 26 to 61).
      • Where the gross total income includes any of items 1-3, the gross total income is to be reduced by such income and deductions under Chapter VIII are to be allowed as if the reduced gross total income were the gross total income of the assessee.
      • A non-resident need not furnish a return u/s 263(1) if total income in the year consisted only of the interest/dividend incomes in items 1-2 and tax was deducted at source under Chapter XIX-B.
      • Transitional/amalgamation rule: where GDRs or bonds are acquired by an assessee in an amalgamated or resulting company by virtue of holding such instruments in the amalgamating or demerged company, the same provisions apply to such GDRs or bonds.

      Illustrations

      • Example 1: A non-resident holds interest-bearing bonds of an Indian company purchased in foreign currency and receives interest of X in the year. The interest is taxed at 10% under item 1. Not stated in the document whether grossing up, surcharges or cesses apply beyond the stated rate.
      • Example 2: A non-resident sells long-term GDRs (acquired in foreign currency through an approved intermediary) and realises capital gain Y. The long-term capital gain is taxed at 12.5% as per item 3. Not stated in the document whether indexation or specific computation method for capital gain is modified beyond the exclusion of section 72(6).

      Interplay

      The enacted section cross-references other statutory provisions: Chapters and sections governing deductions (Sections 28-58, 60, 61), Chapter VIII deductions, section 72(6) (specifically excluded), the return filing provision referenced (section 263(1) in the texts), Chapter XIX-B (TDS provisions) and the definition of GDRs (section 193(4)(a) in the Act text; Bill referenced section 190(4)(a)). The documents do not reproduce the content of those cross-referenced provisions; therefore detailed interaction mechanics are Not stated in the document.

      Differences between the Clause 209 of the Income Tax Bill, 2025 (Old Version) and Section 209 of the Income-tax Act, 2025

      TopicBill (Clause 209 Old Version)Enacted Section 209Practical impact
      Computation wording"aggregate of the amounts mentioned in column C thereof.""aggregate of income-tax computed at the rate specified in the column C applied on the corresponding income specified in column B."clearer computational method in the enacted text ensuring rates are applied to corresponding income heads rather than potentially interpreted as flat sums.
      Residual income wording (Table item 4)"Income-tax chargeable on such income.""Rates in force."enacted text signals application of prevailing tax rates to the residual income; the Bill phrase might have invited alternative interpretations of chargeability. Exact fiscal consequences Not stated in the document.
      Cross-references to deduction sectionsExcludes deductions u/ss 26 to 61 (and certain sub-clauses) and under Chapter VIII.Excludes deductions u/ss 28 to 58, 60 and 61 (and certain sub-clauses) and under Chapter VIII.the enacted text alters the catalogue of excluded deduction sections; which specific deductions are affected is Not stated in the document.
      Definition cross-reference for "Global Depository Receipts"Cross-refers to section 190(4)(a).Cross-refers to section 193(4)(a).depends on the substantive definitions in those sections-Not stated in the document.
      Minor drafting/typo correctionsContains editorial notes/corrections in the Bill (e.g., "as per with" corrected to "as per").Polished enacted language ("as may be notified by the Central Government").reduces ambiguity; no substantive policy change apparent from document.

      Practical Implications

      • Compliance and risk areas: Non-resident taxpayers receiving the enumerated incomes must ensure correct application of the specified rates (10% for interest/dividend; 12.5% for long-term capital gains) and must verify whether their gross total income consists solely of those heads to determine deductibility limits and return filing obligations. The enacted text's explicit computation language reduces ambiguity when computing aggregate tax on the heads in the Table.
      • Record-keeping/evidence points: The provision emphasises acquisition "in foreign currency" and purchase "through an approved intermediary" for GDRs; therefore investors and intermediaries should retain evidence of currency of purchase and intermediary approval status under a Central Government-notified scheme. Not stated in the document are the particulars of the scheme or the certification/documentation required by the approved intermediary; those details are Not stated in the document.

      Key Takeaways

      • Both texts impose special fixed rates for non-residents on interest (10%), dividends on GDRs (10%) and long-term capital gains on transfer of such assets (12.5%).
      • The enacted section clarifies computation language - "income-tax computed at the rate specified" - whereas the Bill used a less explicit phrase "aggregate of the amounts mentioned". Practical effect: clearer computational instruction in the enacted text.
      • Cross-reference differences: enacted section cites deduction sections as 28-58, 60 and 61; the Bill cited 26-61. This narrows the list of excluded deductions in the enacted text relative to the Bill; practical impact depends on which specific provisions were moved/excluded (details Not stated in the document).
      • The enacted section uses a different cross-reference for the statutory definition of "Global Depository Receipts" (section 193(4)(a)) versus the Bill's section 190(4)(a). The practical significance depends on the definitions in those sections (Not stated in the document).
      • The enacted provision replaces the Bill's phrase "Income-tax chargeable on such income" for the residual income with "Rates in force", which suggests that the balance of income will be taxed under prevailing rates rather than by reference to a specific computation language in the Table. The exact fiscal effect is Not stated in the document.
      • Procedural provisions on returns and applicability on amalgamation are retained in substance; they require documentary corroboration for threshold compliance (Not stated in the document as to the precise documentary standards).

      Full Text:

      Section 209 Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer.

      Topics

      ActsIncome Tax