REGULATORY UPDATE: MINISTRY OF FINANCE-CLARIFICATION ON INDIRECT TRANSFER PROVISIONS IN CASE OF REDEMPTION OF SHARE OR INTEREST OUTSIDE INDIA UNDER THE INCOME-TAX ACT, 1961.

Under the provisions contained in section 9(1)(i) of the Income-tax Act, 1961 (‘Act’), all income accruing or arising, whether directly or indirectly, through or from any business connection in India, or through or from any property in India, or through or from any asset or source of income in India or through the transfer of a capital asset situate in India, shall be deemed to accrue or arise in India.

The Central Board of Direct Taxes (CBDT) has clarified that the provisions of section 9(1)(i) read with Explanation 5 shall not apply in respect of income accruing or arising to a non-resident on account of redemption or buy-back of its share or interest held indirectly in the specified funds, if such income accrues or arises from or in consequence of transfer of shares or securities held in India by the specified funds and such income is chargeable to tax in India.

Source: http://www.incometaxindia.gov.in/communications/circular/circular28_2017.pdf

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