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Core Purpose

Notification under Section 197A(1F) read with Section 10(34B) of the Income-tax Act, 1961 exempting dividend income paid between aircraft-leasing Units of an International Financial Services Centre from tax deduction at source under Section 194.

Detailed Summary

This notification issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (S.O. 3254(E), Notification No. 52/2023, F.No. 275/17/2023-IT(B), dated 20th July 2023) exercises powers under section 197A(1F) read with clause (34B) of section 10 of the Income-tax Act, 1961 (43 of 1961) to specify that no tax shall be deducted at source under section 194 of the Act on dividend income paid by a Unit of an International Financial Services Centre (IFSC) primarily engaged in aircraft leasing (the payer) to a company that is itself a Unit of an IFSC primarily engaged in aircraft leasing (the payee). The exemption is conditional on the payee furnishing the payer a statement-cum-declaration in the prescribed Form No. 1 confirming eligibility for the dividend exemption under section 10(34B), and on the payer not deducting tax after receiving the declaration and separately reporting such payments in its TDS statement under section 200(3) read with rule 31A of the Income-tax Rules, 1962. The Principal Director General/Director General of Income-tax (Systems) is tasked with prescribing procedures, formats and security/archival standards for capturing and transmitting the related data. The terms aircraft, International Financial Services Centre and Unit are defined by reference to the Income-tax Act and the Special Economic Zones Act, 2005 (28 of 2005). The notification takes effect from 1st September 2023 and is signed by Shyam Sharma, Under Secretary.

Full Text

4695 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. 3121] NEW DELHI, THURSDAY, JULY 20, 2023/ASHADHA 29, 194 5 CG-DL-E-20072023-247485 मैं ............................ ............ पुत्/पुत्ी.. ............................., ................................ . की हैजसयत से एतद्द्वारा MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICAT ION New Delhi, the 20th July, 2023 INCOME TAX S.O. 3254(E).— In exercise of the powers conferred by sub -section (1F) of section 197A read with clause (34B) of section 10 of the Income -tax Act,1961 (43 of 1961) (hereinafter the Income -tax Act), the Central Government hereby specifies that no deduction of income tax shall be made under section 194 of the Income -tax Act from any income in the nature of dividend paid by any unit of an International Financial Services Centre, primarily engaged in the business of leasing of an aircraft (hereinafter referred as payer) to a company, being a Unit of an International Financial Services Centre primarily engaged in the business of leasing of an aircraft (hereinafter referred as payee) subject to the following - (a) The payee shall , - (i) furnish a statement -cum-declaration in Form No. 1 to the payer giving details of previous year relevant to the assessment year in which the dividend income eligible for exemption under clause (34B) of section 10 of Income -tax Act is payable. (ii) such statement -cum-declaration shall be furnished and verifie d in the manner prescribed in Form No. 1 for the previous year relevant to the assessment year in which the dividend income eligible for exemption under clause (34B) of section 10 of Income -tax Act is payable. (b) The payer shall , - (i) not deduct tax on payment made or credited to the recipient of such dividend (payee) after the date of receipt of copy of statement -cum-declaration in Form No. 1 from payee; and (ii) furnish the particulars of all the payments made to the recipient of such dividend on which tax has not been deducted in view of this Notification in the statement of deduction of tax referred to in sub -section (3) of section 200 of the Income -tax Act, read with the rule 31A of the Income -tax Rules, 1962. 2. The Principal Director General of Income -tax (Systems ) or the Director General of Income -tax (Systems), as the case may be, shall lay down procedures, formats and standards for ensuring secure capture and transmission of data and uploading of documents and the Principal Director General of Income -tax (System s) or the Director General of Income -tax (Systems) shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies. Explanation. - For the purpose of this notification, - (a) “aircraft ” shall have the same meaning assigned to it in the Explanation to clause (4F) of section 10 of the Income -tax Act; (b) “International Financial Services Centre ” shall have the same meaning as assigned to it in clause (q) of section 2 of the Special Economic Zo nes Act, 2005 (28 of 2005); and (c) “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). 3. This notification shall come into force from 1st September, 2023. Form No. 1 To be furnished by a Unit engaged in the business of leasing of aircraft (deductee/payee) located in International Financial Services Centre to a Unit of International Financial Services Centre (deductor/payer) 1. Name of the assessee: 2. PAN: 3. Name and address of the unit located in International Financial Services Centre: Statement -cum-Declaration I............................... ....son/daughterof...................... ......in capacity.............................. ., do hereby declare that the above -mentioned Unit is primarily engaged in the business of leasing of aircraft and its dividend income is eligible for exemption under clause (34B) of section 10 of the Income -tax Act, 1961. I further declare that the abovemention ed Unit continues to be a unit working in International Financial Services Centre and continues to be primarily engaged in the business of leasing of aircraft during the year… ….. (relevant to Assessment Year ….…….) in which this statement -cum-declaration i s being submitted. Verification I…………………. …… son/daughter of …………… …………… in capacity……… …...do hereby certify that all the particulars furnished above are correct and complete. Signature of the declarant (to be signed by a person competent to verify the return of income as provided in section 140 of the Income -tax Act) [Notification No. 52/2023/F.No. 275/17/2023 -IT(B)] SHYAM SHARMA, Under Secy. 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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