Monday , April 20, 2026 |   01:47:29 IST
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI
About Us Contact Us Newsletters
 
NEWS FLASH
 
INTL - Assessment order erroneous where it allows deduction of belated deposit of employee's contribution to PF & ESI, given the same is expressly disallowed vide SC's judgment in Checkmate Services (P.) Ltd.: ITAT (See Breaking News) INTL - For purpose of section 263, correctness of assessment order has to be examined w.r.t. the record as it exists at time of revision: ITAT (See Breaking News) I-T - Time limits prescribed u/s 153 are applicable to assessments conducted under DRP route specified in section 144C: ITAT (See Breaking News) I-T - Making an unsustainable claim does not per se amount to furnishing inaccurate particulars, so as to warrant imposing penalty u/s 271(1)(c) of the Act: ITAT (See Breaking News) I-T - Time limit prescribed u/s 153 has to be adhered to and that both Section 144C and 153 are mutually inclusive and interdependent: ITAT (See Breaking News) DTAA - Gains from trading in stock derivatives fall under Article 13(4) of DTAA & are taxable only in country of residence, i.e., Mauritius, and not in India: ITAT (See Breaking News) I-T - Non-obstante clause in section 144C(13) imposes restriction on AO and denies him benefit of more expansive time limit available under section 153: ITAT (See Breaking News) I-T - AO's failure to test computation under Rule 8D demonstrates case of lack of inquiry, making deeming provisions of Explanation 2, clause (a) to Sec 263 applicable: ITAT (See Breaking News) I-T - Provisions of Section 144C and Section 153 are mutually inclusive, and non-obstante clause in Section 144C(13) does not extend primary limitation period set by Section 153: ITAT (See Breaking News) I-T - Time limit for completing assessment for 'eligible assessee' under the Dispute Resolution Panel mechanism is governed by overarching provisions of Section 153: ITAT (See Breaking News) I-T - Fundamental jurisdictional defect cannot be cured by procedural compliance with Section 148A or by exclusion of time available under other provisos to Section 149(1): ITAT (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.