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Core Purpose

Notification under section 47(viiab)(d) of the Income-tax Act, 1961 expanding the categories of IFSC-listed securities exempt from capital gains tax.

Detailed Summary

The Central Board of Direct Taxes, Ministry of Finance (Department of Revenue), issued Notification No. 71/2023, S.O. 3981(E), dated 12th September 2023, under sub-clause (d) of clause (viiab) of section 47 of the Income-tax Act, 1961 (43 of 1961), further amending Notification No. 16/2020 dated 5th March 2020 (S.O. 986(E), published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii)). The amendment inserts, after clause (vi) of the first paragraph, new clauses (vii) "unit of investment trust," (viii) "unit of a scheme," and (ix) "unit of an Exchange Traded Fund launched under the International Financial Services Centres Authority (Fund Management) Regulations, 2022," and inserts corresponding definitions of "Investment Trust" and "Scheme" (by reference to regulation 83(1)(d) and regulation 2(1)(ii) respectively of the IFSCA (Fund Management) Regulations, 2022) into the Explanation. The notification takes effect from the date of its publication in the Official Gazette. The principal notification No. 16/2020 had previously been amended by Notification No. 89 of 2022 (S.O. 3652(E) dated 3rd August 2022). The notification bears File No. 225/103/2023-ITA-II and was signed by Castro Jayaprakash T., Under Secretary.

Full Text

5773 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3819] NEW DEL HI, TUES DAY , SEPTEMBER 12, 2023/ BHADRA 21, 1945 CG-DL-E-12092023-248655 MINISTRY OF FINANCE (Department of Revenue ) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 1 2th September, 2023 INCOME -TAX S.O. 3981 (E).—In exercise of the powers conferred by sub -clause (d) of clause (viiab) of section 47 of the Income -tax Act, 1961 (43 of 1961), the Central Government hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance, (Department of Revenue), number 16/2020, dated the 5th March, 2020, published in the Gazette of India, Extraordinary, Part -II, Section 3, sub -section (ii), vide number S.O. 986(E), dated 5th March, 2020, namely: - In the said notification, in the first paragraph, - (i) after clause (vi), the following clause shall be inserted, namely: - “(vii) unit of investment trust ; (viii) unit of a scheme; (ix) unit of a Exchange Traded Fund launched under International Fina ncial Services Centres Authority (Fund Management) Regulations, 2022, ”; (ii) in the Explanation , after clause (c), the following clause shall be inserted, namely: - “(d) “Investment Trust” shall have the meaning assigned to it in clause (d) of sub -regulation (1) of regulation 83 of the International Financial Services Centres Authority (Fund Management) Regulations, 2022. (e) “Scheme” shall have the meaning assigned to it in clause (ii) of sub -regulation (1) of regulation 2 of the International Financial Services Centres Authority (Fund Management) Regulations, 2022.” . 2. This notification shall come into force with effect f rom the date of its publication in the Official Gazette. [Notification No. 71/2023, F. No. 225/103/2023 -ITA-II] CASTRO JAYAPRAKASH T. , Under Sec y. Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Sectio n 3, sub-section (ii), vide number S.O. 986(E) dated 5 th March, 2020, and subsequently amended by Notification No. 89 of 2022 was published in the Gazette of India, Extraordinary, Part II, Section 3, sub -section (ii), vide number S.O. 3652(E) dated 03 rd August, 2022. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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