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Core Purpose

Notification under section 10(4G)(ii) of the Income-tax Act, 1961, notifying the activity of investment in a financial product by a non-resident through a capital market intermediary in an International Financial Services Centre as an eligible activity for purposes of section 80LA(1A).

Detailed Summary

By notification S.O. 66(E) dated 4th January 2024 (Notification No. 04/2024, F. No. 370142/48/2023-TPL), the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, exercising powers under sub-clause (ii) of clause (4G) of section 10 of the Income-tax Act, 1961 (43 of 1961), notifies the activity of investment in a financial product by a non-resident, made in accordance with a contract entered into with a capital market intermediary that is a Unit of an International Financial Services Centre, where the income from such investment is received in the non-resident's account maintained with the Offshore Banking Unit of that International Financial Services Centre, as an activity referred to in sub-section (1A) of section 80LA; the notification defines "capital market intermediary" per the International Financial Services Centres Authority (Capital Market Intermediaries) Regulations, 2021, "financial product" per section 3(1)(d) of the International Financial Services Centres Authority Act, 2019 (50 of 2019), and "International Financial Services Centre" and "Unit" per section 2(q) and 2(zc) respectively of the Special Economic Zones Act, 2005 (28 of 2005); it is signed by Sourabh Jain, Under Secretary (TPL-I).

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-DL-E-04012024-251158 EXTRAORDINARY PART II—Section 3—Sub-section (ii) PUBLISHED BY AUTHORITY No. 61] NEW DELHI, THURSDAY, JANUARY 4, 2024/PAUSHA 14, 1945 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 4th January, 2024 S.O. 66(E).— In exercise of the powers conferred by sub-clause (ii) of clause (4G) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies activity of investment in a financial product by the non-resident, in accordance with a contract with such non-resident entered into by a capital market intermediary, being a Unit of an International Financial Services Centre, where the income from such investment is received in the account of the non-resident maintained with the Offshore Banking Unit of such International Financial Services Centre, as referred to in sub-section (1A) of section 80LA. Explanation.— For the purposes of this notification,— (i) "capital market intermediary" shall have the meaning as assigned to it in clause (ga) of sub-regulation (1) of regulation 2 of the International Financial Services Centres Authority (Capital Market Intermediaries) Regulations, 2021; (ii) "financial product" shall have the meaning as assigned to it in sub-clause (d) of sub-section (1) of section 3 of International Financial Services Centres Authority Act, 2019 (50 of 2019); (iii) "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); (iv) "Unit" shall have the same meaning as assigned to it in clause (zc) of section 2 of the Special Economic Zones Act, 2005 (28 of 2005). [Notification No. 04/2024 F. No. 370142/48/2023-TPL] SOURABH JAIN, Under Secy. (TPL-I)

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