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Section 9 - Income deemed to accrue or arise in India
Clause wise scheme and arrangement of various activities:
Income accruing or arising outside India, directly or indirectly through or from | Any Business Connection in India | |
Any Property/Asset or source of income in India | ||
Transfer of Capital Asset situated in India | ||
Salary earned for services rendered in India | ||
Salary Payable by government to Indian Citizen for services rendered outside India | ||
Dividend paid by Indian Company Outside India | ||
Interest, if payable by | ⇔ | Person resident in India | Exceptions | If the money borrowed and used or technical services or royalty services are utilised for the purpose of business or profession carried on outside India | |
If the money borrowed and used or technical services or royalty services are utilised for making income from source outside India | |||||
Royalty, if payable by | ⇔ | Government | |||
Fees for technical service, if payable by | ⇔ | A Non-Resident | Purpose | If money is borrowed and used for the purpose of business or profession carried in India | |
If Technical services or royalty services are utilised for the purpose of business or profession carried on in India or making income from any source in India | |||||
Section 9(1)(viii) Deemed accrual of gift made to a person outside India- Gift of any money made by a resident to NR or Foreign Company on or after 5th July 2019 shall be deemed to be accrue or arise in India.
Full Text:
Income deemed to accrue in India when linked to an Indian business connection, property, services, or specified payments. Section 9 deems income arising outside India to accrue in India where it is derived directly or indirectly from a business connection in India, from property or a source of income in India, or from transfer of a capital asset situated in India. It also treats salary for services rendered in India, government-paid salary to Indian citizens for foreign services, dividends by Indian companies to non-residents, and specified interest, royalties and technical fees (subject to exceptions based on use outside India) as deemed to accrue in India. Gifts by residents to non-residents after 5 July 2019 are similarly deemed. of Press 'Enter' after typing page number.
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