Wednesday , July 15, 2026 |   14:50:04 IST
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI
About Us Contact Us Newsletters
 
NEWS FLASH
 
TP - Departmental authorities cannot evaluate commercial expediency of a business decision from an armchair perspective: ITAT (See Breaking News) TP - For determining profits of eligible captive power generation units, market value of electricity transferred to manufacturing units is to be taken at rate at which power is supplied by Boards to consumers: ITAT (See Breaking News) I-T - If standardised software products and related incidental support under restricted licences, while retaining ownership of software, its consideration cannot be taxed as FTS: ITAT (See Breaking News) I-T - Secondary adjustment is obligation on assessee undergoing primary adjustment and does not determine taxability of correct income in hands of foreign AE: HC (See Breaking News) I-T - Equalisation levy is chargeable only where non-resident receives consideration for specified service from person resident in India or from non-resident having PE in India: HC (See Breaking News) I-T - If reimbursement to non-resident company under Production Sharing Contract is genuinely on cost-to-cost basis and duly substantiated, application of Sec 44BB is not called for: HC (See Breaking News) DTAA - Rendering of services or utilisation of expertise by recipient per se does not amount to making available technical knowledge skill unless recipient is enabled to independently apply such knowledge in future without assistance: ITAT (See Breaking News) TP - Within the meanings of Rule 10D, it is responsibility of Assessee to provide all details to Revenue authorities during assessment proceedings: ITAT (See Breaking News) Tax transparency steps led to recovery of USD 48 bn revenue in DCs: OECD (See Brief) TP - Comparable cannot be included merely because objection on export turnover fails, and TPO must independently examine functional similarity: HC (See Breaking News) I-T - Penalty proceedings distinct from assessment proceedings & cannot be sustained based only on additions or disallowances; mens rea is a necessary ingredient for imposing penalty, ergo penalty not tenable where Assessee was acting in bona fide: ITAT (See Breaking News) INTL - Explanation 2 to section 37 bars deduction of CSR expenditure as a business expense, it does not prohibit deduction under Chapter VI-A if statutory conditions are met : ITAT (See Breaking News) I-T - Final assessment order is not tenable if passed beyond permissible period of limitation prescribed u/s 144C(13) r/w/s 153: ITAT (See Breaking News) TP - Rule 10D permits reliance on price publications and market quotations: ITAT (See Breaking News) I-T - Provisions of Sections 144C & 153 are interlinked, by virtue of which final assessment order must be computed by reading both provisions together: ITAT (See Breaking News) DTAA - Use of sophisticated infrastructure by service provider for rendering services cannot per se be equated with granting customer the right to use industrial, commercial or scientific equipment: ITAT (See Breaking News) INTL - Provisions of section 144C & section 153 are mutually inclusive & not mutually exclusive; limitation for passing final assessment order is to be computed by reading both provisions together: ITAT (See Breaking News) INTL - ITO in charge of domestic ward within India lacks territorial jurisdiction to assess a non-resident; jurisdiction lies with ITO in charge of International Taxation: ITAT (See Breaking News) I-T - Reimbursement received on account of secondment is taxable as FTS/FIS u/s 9(1)(vii) of Income Tax Act and Article 12 of the India -USA DTAA: HC (See Breaking News) I-T - Order of assessment/ reassessment u/s 153(2) is required to be made within 12 months from end of financial year in which notice u/s 148 was served: HC (See Breaking News)
 
TII SEARCH
 
 
   
Home >> News Brief
 

Non-residents exempted from filing returns in certain conditions
By TII News Service
Feb 03, 2020 , New Delhi

    
THE Union Budget has exempted non-residents from filing income tax return in certain conditions.

Section 115A of the Act provides for the determination of tax for a non-resident whose total income consists of:

(a) certain dividend or interest income;

(b) royalty or fees for technical services (FTS) received from the Government or Indian concern in pursuance of an agreement made after 31st March 1976, and which is not effectively connected with a PE, if any, of the non-resident in India.

Sub-section (5) of said section provides that a non-resident is not required to furnish its return of income under sub-section (1) of section 139 of the Act, if its total income, consists only of certain dividend or interest income and the TDS on such income has been deducted according to the provisions of Chapter XVII-B of the Act.

While, the current provisions of section 115A of the Act provide relief to non-residents from filing of return of income where the non-resident is not liable to pay tax other than the TDS which has been deducted on the dividend or interest income, the same relief has not been extended to non-residents whose total income consists only of the income by way of royalty or FTS of the nature as mentioned in point (b) above. Representations have been received to extend this benefit to royalty and FTS income as well.

Therefore, it is proposed to amend section 115A of the Act in order to provide that a non-resident, shall not be required to file return of income under sub-section (1) of section 139 of the Act if, -

(i) his or its total income consists of only dividend or interest income as referred to in clause (a) of sub-section (1) of said section, or royalty or FTS income of the nature specified in clause (b) of sub-section (1) of section 115A; and

(ii) the TDS on such income has been deducted under the provisions of Chapter XVII-B of the Act at the rates which are not lower than the prescribed rates under sub-section (1) of section 115A.

This amendment will take effect from 1st April, 2020 and will, accordingly, apply in relation to the assessment year 2020-21 and subsequent assessment years.

 
 
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI TII
  • DTAA
  • Circulars (I-T Act, 1922)
  • Limited Treaties
  • Other Treaties
  • TIEAs
  • Notifications
  • Circulars
  • Relevant Sections of I-T Rules,1962
  • Instructions
  • Administrative Orders
  • DRP Panel
  • I-T Act, 1961
  • MLI
  • Relevant Portion of I-T Act,1922
  • GAAR
  • MAP
  • OECD Conventions
  • Draft Guidelines
  • DTC Bill
  • Committee Reports
  • FATCA
  • Intl-Taxation
  • Finance Acts
  • Manual on EoI
  • UN Model Taxation
  • Miscellaneous
  • Cost Inflation Index
  • Union Budget
  • Information Security Guidelines
  • APA Annual Report
  • APA Rules
  • Miscellaneous
  • Relevant Sections of Act
  • Instructions
  • Circulars
  • Notifications
  • Draft Notifications
  • Forms
  • TP Rules
  • APA FAQ
  • UN Manual on TP
  • Safe Harbour Rules
  • US Transfer Pricing
  • FEMA Act
  • Exchange Manual
  • Fema Notifications
  • Master Circulars
  • Press Notes
  • Rules
  • FDI Circulars
  • RBI Circulars
  • Reports
  • FDI Approved
  • RBI Other Notifications
  • FIPB Review
  • FEO Act
  • INTELLECTUAL PROPERTY
  • CBR Act
  • NBFC Report
  • Black Money Act
  • PMLA Instruction
  • PMLA Bill
  • FM Budget Speeches
  • Multimodal Transportation
  • Vienna Convention
  • EXIM Bank LoC
  • Manufacturing Policy
  • FTDR Act, 1992
  • White Paper on Black Money
  • Posting Policy
  • PMLA Cases
  • Transfer of Property
  • MCA Circular
  • Limitation Act
  • Type of Visa
  • SSAs
  • EPFO
  • Acts
  • FAQs
  • Rules
  • Guidelines
  • Tourist Visa
  • Notifications
  • Arbitration
  • Model Text
  • Agreements
  • Relevant Portion of I-T Act
  • I-T Rules, 1962
  • Circulars
  • MISC
  • Notification
  • About Us
  • Contact Us
  •  
     
    A Taxindiaonline Website. Copyright © 2010-2025 | Privacy Policy | Taxindiainternational.com Pvt. Ltd. OPC All rights reserved.