Monday, November 3, 2014

[aaykarbhavan] RELEVANT SECTIONS OF INCOME-TAX ACT SHOULD BE GO THROUGH BY NON-RESIDENTS PLANNING TO SET UP BUSINESS IN INDIA AND RESIDENTS DEALING WITH NONRESIDENTS



Hi ,

RELEVANT SECTIONS OF INCOME-TAX ACT SHOULD BE GO THROUGH CAREFULLY BY NON-RESIDENTS PLANNING TO SET UP BUSINESS IN INDIA AND RESIDENTS DEALING WITH NON RESIDENTS

S. No. Section Particulars
1 2 Definitions
2 4 Charge of income-tax.
3 5 Scope of total income.
4 6 Residence in India.
5 7 Income deemed to be received.
6 10 Incomes not included in total income
7 40(a)(i) Amounts not deductible.
8 40(a) (iii) Amounts not deductible.
9 90 Agreement with foreign countries or specified territories
10 90A Adoption by Central Government of agreement between specified associations for double taxation relief.
11 91 Countries with which no agreement exists.
12 92 Computation of income from international transaction having regard to arm's length price.
13 9 Income deemed to accrue or arise in India.
14 28 Profits and gains of business or profession
15 44B Special provision for computing profits and gains of shipping business in the case of non-residents
16 44BB Special provision for computing profits and gains in connection with the business of exploration, etc., of mineral oils .
17 44BBA Special provision for computing profits and gains of the business of operation of aircraft in the case of non-residents.
18 44BBB Special provision for computing profits and gains of foreign companies engaged in the business of civil construction, etc., in certain turnkey power projects.
19 44C Deduction of head office expenditure in the case of non-residents
20 44D Special provisions for computing income by way of royalties, etc., in the case of foreign companies.
21 44DA Special provision for computing income by way of royalties, etc., in case of non-residents.
22 45 Capital gains
23 47 Transactions not regarded as transfer
24 48 Mode of computation
25 49 Cost with reference to certain modes of acquisition
26 92A Meaning of associated enterprise.
27 92B Meaning of international transaction.
28 92BA Meaning of specified domestic transaction.
29 92C Computation of arm's length price
30 92CA Reference to Transfer Pricing Officer.
31 92CB Power of Board to make safe harbour rules.
32 92CC Advance pricing agreement.
33 92CD Effect to advance pricing agreement.
34 92D Maintenance and keeping of information and document by persons entering into an international transaction [or specified domestic transaction]
35 92E Report from an accountant to be furnished by persons entering into international transaction [or specified domestic transaction].
36 92F Definitions of certain terms relevant to computation of arm's length price, etc.
37 93 Avoidance of income-tax by transactions resulting in transfer of income to non-residents.
38 94 Avoidance of tax by certain transactions in securities.
39 94A Special measures in respect of transactions with persons located in notified jurisdictional area.
40 95 Applicability of General Anti-Avoidance Rule.
41 96 Impermissible avoidance arrangement.
42 97 Arrangement to lack commercial substance
43 98 Consequences of impermissible avoidance arrangement.
44 99 Treatment of connected person and accommodating party.
45 100 Application of this Chapter.
46 101 Framing of guidelines.
47 102 Definitions.
48 111A Tax on short term capital gain in certain cases
49 112 Tax on long term capital gains
50 115A Tax on dividends, royalty and technical service fees in the case of foreign companies.
51 115AB Tax on income from units purchased in foreign currency or capital gains arising from their transfer
52 115AC Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer.
53 115ACA Tax on income from Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer
54 115AD Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer
55 115BBD Tax on certain dividends received from foreign companies
56 115C Definitions.
57 115E Tax on investment income and long-term capital gains
58 115F Capital gains on transfer of foreign exchange assets not to be charged in certain cases.
59 115G Return of income not to be filed in certain cases.
60 115H Benefit under Chapter to be available in certain cases even after the assessee becomes resident.
61 115JG Conversion of an Indian branch of foreign company into subsidiary Indian company
62 139 Return of income
63 139A Permanent account number
64 140 Return by whom to be signed
65 140A Self-assessment
66 160 Representative assessee
67 161 Liability of representative assessee
68 162 Right of representative assessee to recover taxes paid
69 163 Who may be regarded as agent
70 166 Direct assessment or recovery not barred
71 167 Remedies against property in cases of representative assessee
72 172 Shipping business of non-residents.
73 173 Recovery of tax in respect of non-resident from his assets
74 174 Assessment of persons leaving India.
75 195 Other sums.
76 195A Income payable "net of tax"
77 196A Income in respect of units of non-residents
78 196B Income from units.
79 196C Income from foreign currency bonds or shares of Indian company.
80 196D Income of Foreign Institutional Investors from securities.
81 197 Certificate of deduction at lower rate
82 199 Credit for tax deducted
83 200 Duty of person deducting tax
84 201 Consequences of failure to deduct or pay
85 204 Meaning of person responsible for paying
86 205 Bar against direct demand on assessee
87 206AA Requirement to furnish Permanent Account Number
88 207 Liability for payment of advance tax
89 208 Conditions of liability to pay advance tax
90 209 Computation of advance tax
91 210 Payment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer
92 211 Instalment of advance tax and due taxes
93 214 Interest payable by Government
94 215 Interest payable by assessee
95 216 Interest payable by assessee in case of under-estimate, etc.
96 217 Interest payable by assessee in case of under-estimate, etc.
97 218 When assessee deemed to be in default
98 219 Credit for advance tax
99 228A Recovery of tax in pursuance of agreements with foreign countries.
100 234A Interest for default in furnishing return of income
101 234B Interest for default in payment of advance tax
102 234C Interest for deferment of advance tax
103 245N Definitions.
104 245-O Authority for Advance Rulings.
105 245P Vacancies, etc., not to invalidate proceedings.
106 245Q Application for advance ruling.
107 245R Procedure on receipt of application.
108 245RR Appellate authority not to proceed in certain cases.
109 245S Applicability of advance ruling.
110 245T Advance ruling to be void in certain circumstances
111 245U Powers of the Authority.
112 245V Procedure of Authority
113 271BA Penalty for failure to furnish report under section 92E.
114 271C Penalty for failure to deduct tax at source
115 271G Penalty for failure to furnish information or document under section 92D
116 285 Submission of statement by a non-resident having liaison office
117 115BBA Tax on non-resident sportsmen or sports associations.
118 115D Special provision for computation of total income of nonresidents.
119 115I Chapter not to apply if the assessee so chooses.
120 115J Special provisions relating to certain companies
121 115JA Deemed income relating to certain companies
122 115JAA Tax credit in respect of tax paid on deemed income relating to certain companies
123 115JB Special provisions for payment of tax by certain companies
124 194E Payments to non-resident sportsmen or sports associations.
125 220 When tax payable and when assessee deemed in default
126 221 Penalty payable when tax in default
127 222 Certificate to tax recovery officer
128 226 Other modes of recovery
129 230 Tax clearance certificate
 

CA KAPIL AGGARWAL,FCA
CA KAPIL SHAMA AGGARWAL & ASSOCIATES,
CHARTERED ACCOUNTANTS,
B-155, Sushant Vyapar Kendra, Sushant Lok phase-1,
Gurgaon, Haryana, INDIA-122002
Mob. 91-958-293-9294

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Posted by: Nitesh More <moreassociate@gmail.com>


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