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[Notification No. 49/2022/F.No.370142/6/2022-TPL] [Notification No. 85/2022/F. No. 300196/17/2022-ITA-I]

[भाग II—खण् ड 3(i)] भारत का राजपत्र : असाधारण 7
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION


New Delhi, the 16th June, 2022


G.S.R. 455(E).—In exercise of the powers conferred by the proviso to item (III) of sub-clause (i) of clause (c) of the Explanation to clause (4D) of section 10 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct taxes hereby makes the following rules further to amend the Income-tax Rules,1962,
namely:─

  1. Short title and commencement.— (1) These rules may be called the Income-tax (Seventeenth Amendment),
    Rules, 2022.
    (2) They shall come into force from the date of their publication in the Official Gazette.
  2. In the Income-tax Rules, 1962 (hereafter referred to as the principal rules),—
    (i) in rule 21AI, after sub-rule rule (2), the following sub-rule shall be inserted, namely:-
    “(2A) The income attributable to units held by non-resident (not being the permanent establishment of a nonresident in India) in a specified fund shall not be exempt under clause (4D) of section 10 of the Act unless the
    specified fund complies with sub-rule (2).”;
    (ii) after rule 21AI, the following rule shall be inserted, namely:—
    “21AIA. Other conditions required to be fulfilled by a specified fund referred to in clause (4D) of section
    10 of the Act.—(1) For the purposes of the proviso to item (III) of sub-clause (i) of clause (c) of the
    Explanation to clause (4D) of section 10 of the Act, the “other conditions” required to be fulfilled by a
    specified fund shall be that —
    (a) the unit holder of the specified fund, other than the sponsor or manager of such fund, who becomes a
    resident under clause (1) or clause (1A) of section 6 of the Act during any previous year subsequent to
    the previous year in which such unit or units were issued, shall cease to be a unit holder of such specified
    fund within a period of three months from the end of the previous year in which he becomes a resident;
    (b) for the purposes of clause (a), the specified fund shall maintain the following documents in respect of its
    unit holders,—
    i. name of the unit holder;
    ii. tax identification number of the unit holder in the country of residence at the time the units were
    issued;
    iii. permanent account number, if available;
    iv. total number of units held;
    v. total value of units held;
    vi. whether unit holder is a sponsor or a manager;
    vii. the previous year in which the unit holder became resident and;
    viii. date of exit from specified fund.
    (2) The specified fund shall certify that it has fulfilled the conditions under sub-rule (1) and furnish
    information in respect of units held by residents in the annual statement of exempt income in Form No. 10-IG.
    (3) The income attributable to units held by non-resident (not being the permanent establishment of a nonresident in India) in a specified fund shall not be exempt under clause (4D) of section 10 unless the specified
    fund complies with sub-rule (2).
    Explanation.-For the purpose of this rule, “specified fund” shall have the same meaning as assigned to it in
    sub-clause (i) of clause (c) of the Explanation to clause (4D) of section 10 of the Act.”;
    (iii) in rule 21AJ, after sub-rule rule (3), the following sub-rule shall be inserted, namely:-
    “(3A) The income of a specified fund referred to in clause (a) and clause (b) of sub-section (1) of section 115AD,
    attributable to the units held by a non-resident (not being the permanent establishment of a non-resident in India),
    8 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
    shall not be eligible for tax rates specified in section 115AD unless it furnishes the annual statement of income
    eligible for concessional taxation in Form No. 10-IH in accordance with the provision of sub- rule (3).”;
    (iv) in rule 21AJA, after sub-rule rule (3), the following sub-rule shall be inserted, namely:-
    “(3A) The income of a specified fund attributable to an eligible investment division shall not be exempt under
    clause (4D) of section 10 unless it furnishes the annual statement of exempt income in Form No. 10-IK and the
    report of audit in Form 10-IL in accordance with the provisions of sub-rule (2).”;
    (v) in rule 21AJAA, after sub-rule (2) , the following sub-rule shall be inserted, namely:-
    “(2A) The income of an eligible investment division referred to in clause (a) and clause (b) of sub-section (1)
    of section 115AD shall not be eligible for tax rates specified under section 115AD unless the eligible
    investment division furnishes an annual statement of income, eligible for taxation under sub-section (1B) of
    section 115AD of the Act, in Form No. 10-IK in accordance with sub-rule (2).”.
  3. In the principal rules, in the APPENDIX for Form No. 10-IG, the following Form shall be substituted, namely: —
    “Form No.10-IG
    Statement of exempt income under clause (4D) of section 10 of the Income-tax Act, 1961
    [See sub-rule (2) of rule 21AI and sub-rule (2) of rule 21AIA]
    S. No.
  4. Name of the Specified Fund:
  5. Address of the registered office of the specified fund:
  6. Legal status [company/ trust/ limited liability partnership/ body
    corporate]:
  7. Permanent account number:
  8. Previous year ending:
  9. (i) Registration number as per the certificate of registration
    issued by the International Financial Services Centre
    Authority:
    (ii) Date of registration: dd/mm/yyyy
  10. Total Income of Specified Fund during Previous Year ( In Rs)
    Details of Exempt Income under clause (4D) of section 10
    S.No. Nature of Income of the Specified Fund Total Income (In
    Rs.)
    Income attributable to units held by non-resident
    (not being a permanent establishment of a nonresident in India)
  11. Income accrued or arisen to, or received as
    a result of transfer of capital asset referred
    to in clause (viiab) of section 47, on a
    recognised stock exchange located in any
    International Financial Services Centre and
    where the consideration for such transaction
    is paid or payable in convertible foreign
    exchange (A)
    Total of Column
    (5) in Part I of
    Annexure 1
    Total of Column (9) in Part I of Annexure 1
  12. Income accrued or arisen to, or received as
    a result of transfer of securities (other than
    shares in a company resident in India) (B)
    Total of Column
    (5) in Part II of
    Annexure 1
    Total of Column (9) in Part II of Annexure 1
  13. Income from securities issued by a nonresident (not being a permanent
    establishment of a non-resident in India)
    and where such income otherwise does not
    accrue or arise in India (D)
    Total of Column
    (5) in Part I of
    Annexure 2
    Total of Column (9) in Part I of Annexure 2
  14. Income from a securitisation trust which is
    chargeable under the head “Profits and
    gains of business or profession” (E)
    Total of Column
    (5) in Part II of
    Annexure 2
    Total of Column (9) in Part II of Annexure 2
  15. Total Exempt Income under clause (4D) of section 10
  16. Whether conditions under sub-rule (1) of rule 21AIA are fulfilled Yes/No
    [भाग II—खण् ड 3(i)] भारत का राजपत्र : असाधारण 9
  17. Details of units held by residents under clause (1) or clause (1A) of section 6 of the Act during the previous year
    S.No. Name of
    resident
    unit
    holder
    PAN of
    resident,
    if
    available
    Tax
    Identification
    Number in
    country of
    residence
    during the
    previous year
    when unit was
    issued
    Total
    Number of
    units held
    Value of
    units
    held in
    Rs.
    Whether
    sponsor
    or
    manager
    Yes/No
    Whether the
    resident has
    become a
    resident
    under
    clause (1)
    or clause
    (1A) of
    section 6 of
    the Act
    during this
    previous
    year
    subsequent
    to the
    previous
    year in
    which such
    unit or units
    were
    issued?
    Yes/No
    If yes date of
    exit from
    fund
    dd/mm/yyyy
    Total
  18. Aggregate value of units (Rs. in crore) during the previous year
  19. Aggregate number of units during the previous year
  20. Proportion of units (value) held by residents during the previous
    year
  21. Proportion of units (number) held by residents during the previous
    year
    Declaration
    I, ______________________________________________________(Name in full and in block letters)
    son/daughter/wife of ____________________________________do hereby declare that: (i) to the best of my knowledge and belief what is stated above and in the Annexure(s), including the documents accompanying such Annexure(s), is correct and complete; (ii) the fund has been granted a certificate of registration as a Category III Alternative Investment Fund and is regulated under the Securities and Exchange Board of India (Alternative Investment Fund) Regulations, 2012, made under the Securities and Exchange Board of India Act, 1992 (15 of 1992); (iii) the fund is located in an International Financial Services Centre; (iv) all the units of the specified fund are held by non-residents other than units held by a sponsor or a manger or those who have become resident during this year subsequent to the previous year in which units were issued. I further declare that during the previous year……..yyyy- yyyy the aggregate value and number of the units, held by resident unit holder or unit holders, as referred to under clause (1) or (1A) of section 6, other than units held by a sponsor or a manger, who were non-resident during the previous year when such unit or units were issued, does not exceed five percent and that they have ceased to be unit holders within a period of three months from the end of the previous year in which they became residents. It is further certified that during the previous year…….yyyy- yyyy the units held by residents are not counted as units held by non-residents, for the purposes of computation of exempt income under sub-rule (1) of rule 21AI and sub-rule (1) and (2) of rule 21AJ. 10 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)] I further declare that I am furnishing this statement in my capacity as_______________________
    (designation) and that I am competent to make this declaration and furnish this statement.
    Place:
    Date:
    Yours faithfully,
    Signature …………….……………….
    Name…………………………………
    Designation…………………………
    Notes:
  22. Attach a copy of the certificate of registration under the Securities and Exchange Board of India (Alternative
    Investment Funds) Regulations, 2012;
  23. “Assets under management” means the closing balance of the value of assets or investments of the specified
    fund as on a particular date;
  24. “International Financial Services Centre” shall have the same meaning as assigned to it in clause (q) of
    section 2 of the Special Economic Zones Act, 2005 (28 of 2005);
  25. “International Financial Services Centre Authority” means an authority established under sub-section (1) of
    section 4 of the International Financial Services Centre Authority Act, 2019 (50 of 2019);
  26. “permanent establishment” shall have the same meaning as assigned to it in clause (iiia) of section 92F;
  27. “securities” shall have the same meaning as assigned to it in in clause (bb) of the Explanation to clause (4D)
    of section 10;
  28. “specified fund” shall have the same meaning as assigned to it in sub-clause (i) of clause (c) of the
    Explanation to clause (4D) of section 10; and
  29. “unit” shall have the same meaning as assigned to it clause (f) of Explanation to clause (4D) of section 10;
  30. All amounts to be mentioned in Indian rupees.
    Annexure 1
    S.
    No.
    Name of
    security
    Date of
    acquisition
    (dd/mm/yyyy)
    Date of
    transfer
    (dd/mm/yyyy)
    Capital
    Gains
    (In Rs.)
    Aggregate of
    daily „assets
    under
    management‟
    of the
    specified fund
    held by nonresident unit
    holders (not
    being the
    permanent
    establishment
    of a nonresident in
    India) from
    the date of
    acquisition of
    the capital
    asset or
    security to the
    date of
    transfer of
    such capital
    asset or
    security
    Aggregate of
    daily total
    „assets under
    management‟ of
    the specified
    fund, from the
    date of
    acquisition of
    the capital asset
    or security to the
    date of transfer
    of such capital
    asset or security.
    Ratio Income
    attributable
    to units held
    by nonresident (not
    being a
    permanent
    establishme
    nt of a nonresident in
    India)
    (1) (2) (3) (4) (5) (6) (7) (8) = (6) / (7) (9) = (5) * (8)
    Part I. Income from transfer of securities referred to in clause (viiab) of section 47, on a recognised stock exchange located
    in any International Financial Services Centre and where the consideration for such transaction is paid or payable in
    convertible foreign exchange
    [भाग II—खण् ड 3(i)] भारत का राजपत्र : असाधारण 11
    (1) (2) (3) (4) (5) (6) (7) (8) = (6) /
    (7)
    (9) = (5) *
    (8)
    Total
    Part II. Income from Transfer of securities (other than shares in a company resident in India)
    (1) (2) (3) (4) (5) (6) (7) (8) = (6) /
    (7)
    (9) = (5) *
    (8)
    Total
  • add rows depending upon number of securities
    Annexure 2
    S. No. Name of
    Security
    Nature of
    income^
    Date of receipt
    of income
    (dd/mm/yyyy)
    Income
    (In Rs.)
    Assets under
    management
    held by nonresident unit
    holders (not
    being the
    permanent
    establishment
    of a nonresident in
    India) as on
    the date of
    receipt of
    income
    Total „asset
    under
    management‟
    as on the date
    of receipt of
    income.
    Ratio Income
    attributable to
    units held by
    non-resident
    (not being a
    permanent
    establishment
    of a nonresident in
    India)
    (1) (2) (3) (4) (5) (6) (7) (8)=(6)/(7) (9) = (5)(8) Part I. Income from Securities attributable to units held by a non-resident (not being a permanent establishment of a nonresident in India) and where such income otherwise does not accrue or arise in India. (1) (2) (3) (4) (5) (6) (7) (8)=(6)/(7) (9) = (5)(8)
    Total
    Part II. Income from a securitization trust which is chargeable under the head “Profits and gains of business or profession.
    (1) (2) (3) (4) (5) (6) (7) (8)=(6)/(7) (9) = (5)*(8)
    Total
  • add rows as required
    ^ Relevant code to be selected
  1. Dividend
  2. Interest
  3. Other Income. Please specify”.
    [Notification No. 64/2022/F. No. 370142/24/2022-TPL]
    NEHA SAHAY, Under Secy.
    Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii)
    vide number S.O. 969(E) dated the 26th March, 1962 and was last amended vide notification number
    G.S.R. 404 (E) dated 31st May, 2022.

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