Tuesday , February 25, 2020 |   16:02:53 IST
INTL TAXATION INTL MISC TP FDI LIBRARY VISA BIPA NRI
About Us Contact Us Newsletters
 
NEWS FLASH
 
TP - Interest on loan advanced to AE to be determined on basis of rate of interest charged in country where loan is received: ITAT (See 'Breaking News') TP - TPO cannot suggest TP adjustment by including same comparables in preceding AY in absence of change in functional profile of assessee: ITAT (See 'Breaking News') IMF WP moots tax reforms choices for Italy (See 'Brief') GAO & IRS differ on virtual currencies reporting under FATCA (See 'Brief') TP - Re-opening of assessment is unsustainable if there is no omission on part of assessee to disclose facts necessary for assessment: HC (See 'Breaking News') TP - If comparables selected by TPO are functionally dissimilar to assessee company, they cannot be included in final list of comparables for benchmarking purposes: ITAT (See 'Breaking News') TP - TPO not to suggest TP adjustment by charging interest on interest-free loan, when such loan been converted into share application money: ITAT (See 'Breaking News') TP - Without considering full factual aspect of services involved in international transaction, TP adjustment cannot be proposed: ITAT (See 'Breaking News') TP - Extended credit on trade receivables constitutes international transaction u/s 92: ITAT (See 'Breaking News') I-T - TDS on remittance paid to foreign tax resident not having a PE in India does not fall in hand of tax resident of India: ITAT (See 'Breaking News') I-T Variation u/s 144 beyond scope of DRP, donot rise questions with respect to assessee's beneficial ownership of royalty under India-Cyprus DTAA: ITAT (See 'Breaking News') GST - Sec 50 Imbroglio - CBIC, GSTN & Taxpayers - All three to be blamed! (See 'THE COB(WEB)' in TIOL)
 
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 Portion of I-T Rules,1962
  • Instructions
  • Administrative Orders
  • DRP Panel
  • I-T Act, 1961
  • MLI
  • Relevant Portion of I-T Act,1922
  • GAAR
  • OECD Conventions
  • Draft Guidelines
  • DTC Bill
  • Committee Reports
  • FATCA
  • Intl-Taxation
  • Finance Acts
  • Manual on EoI
  • UN Model
  • 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
  • Book Review
  • 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 © 2010-2020 | Privacy Policy | Taxindiainternational.com Pvt.Ltd. All rights reserved.