RELEVANT PROVISIONS OF INDIAN INCOME-TAX ACT TO BE COMPLIED WITH 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 in India
6. 9 Income deemed to accrue or arise in India.
7. 9A Certain activities not to constitute business connection in India
8. 10 Incomes not included in total income
9. 28 Profits and gains of business or profession
10. 40(a)(i) Amounts not deductible in case of TDS default
11. 40(a) (iii) Salary payable outside India or to a non-resident not deductible in case of TDS default
12. 44B Special provision for computing profits and gains of shipping business in the case of non-residents
13. 44BB Special provision for computing profits and gains in connection with the business of exploration, etc., of mineral oils.
14. 44BBA Special provision for computing profits and gains of the business of operation of aircraft in the case of non-residents.
15. 44BBB Special provision for computing profits and gains of foreign companies engaged in the business of civil construction, etc., in certain turnkey power projects.
16. 44C Deduction of head office expenditure in the case of non-residents
17. 44D Special provisions for computing income by way of royalties, etc., in the case of foreign companies.
18. 44DA Special provision for computing income by way of royalties, etc., in case of non-residents.
19. 45 Capital gains
20. 47 Transactions not regarded as transfer
21. 48 Mode of computation
22. 49 Cost with reference to certain modes of acquisition
23. 90 Agreement with foreign countries or specified territories
24. 90A Adoption by Central Government of agreement between specified associations for double taxation relief.
25. 91 Countries with which no agreement exists.
26. 92 Computation of income from international transaction having regard to arm’s length price.
27. 92A Meaning of associated enterprise.
28. 92B Meaning of international transaction.
29. 92BA Meaning of specified domestic transaction.
30. 92C Computation of arm’s length price
31. 92CA Reference to Transfer Pricing Officer.
32. 92CB Power of Board to make safe harbour rules.
33. 92CC Advance pricing agreement.
34. 92CD Effect to advance pricing agreement.
35. 92D Maintenance and keeping of information and document by persons entering into an international transaction [or specified domestic transaction]
36. 92E Report from an accountant to be furnished by persons entering into international transaction [or specified domestic transaction].
37. 92F Definitions of certain terms relevant to computation of arm’s length price, etc.
38. 93 Avoidance of income-tax by transactions resulting in transfer of income to non-residents.

39. 94 Avoidance of tax by certain transactions in securities.
40. 94A Special measures in respect of transactions with persons located in notified jurisdictional area.
41. 95 Applicability of General Anti-Avoidance Rule.
42. 96 Impermissible avoidance arrangement.
43. 97 Arrangement to lack commercial substance
44. 98 Consequences of impermissible avoidance arrangement.
45. 99 Treatment of connected person and accommodating party.
46. 100 Application of this Chapter.
47. 101 Framing of guidelines.
48. 102 Definitions.
49. 111A Tax on short term capital gain in certain cases
50. 112 Tax on long term capital gains
51. 115A Tax on dividends, royalty and technical service fees in the case of foreign companies.
52. 115AB Tax on income from units purchased in foreign currency or capital gains arising from their transfer
53. 115AC Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer.
54. 115ACA Tax on income from Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer
55. 115AD Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer
56. 115BBA Tax on non-resident sportsmen or sports associations.
57. 115BBD Tax on certain dividends received from foreign companies
58. 115C Definitions relating to chapter on ‘Special provisions relating to certain incomes of non-resident’
59. 115D Special provision for computation of total income of non-residents.
60. 115E Tax on investment income and long-term capital gains
61. 115F Capital gains on transfer of foreign exchange assets not to be charged in certain cases.
62. 115G Return of income not to be filed in certain cases.
63. 115H Benefit under Chapter to be available in certain cases even after the assessee becomes resident.
64. 115-I Chapter on ‘Special provisions relating to certain incomes of non-resident’ not to apply if the assessee so chooses.
65. 115JAA Special provision relating to Minimum Alternate Tax (MAT) Credit
66. 115JB Special provisions relating to payment of Minimum Alternate Tax (MAT) by certain companies
67. 115JC Special provisions relating to payment of Alternate Minimum Tax (AMT) by certain persons other than a company
68. 115JD Tax credit for Alternate Minimum Tax (AMT)
69. 115JE Application of other provisions of Act to a person liable to pay Alternate Minimum Tax (AMT)
70. 115JEE Application of provisions relating to Alternate Minimum Tax (AMT) to certain persons
71. 115JF Interpretation of certain terms referred to in chapter relating to Alternate Minimum Tax (AMT)
72. 115JG Conversion of an Indian branch of foreign company into subsidiary Indian company
73. 115U Special provisions relating to tax on income received from venture capital companies and venture capital funds
74. 115UA Special provisions relating to Business Trust
75. 115UB Special provisions relating to tax on income of investment funds and income received from such funds
76. 139 Return of income
77. 139A Permanent account number
78. 140 Return by whom to be signed
79. 140A Self-assessment
80. 160 Representative assessee
81. 161 Liability of representative assessee
82. 162 Right of representative assessee to recover taxes paid
83. 163 Who may be regarded as agent
84. 166 Direct assessment or recovery not barred
85. 167 Remedies against property in cases of representative assessee
86. 172 Shipping business of non-residents.
87. 173 Recovery of tax in respect of non-resident from his assets
88. 174 Assessment of persons leaving India.
89. 192 Payment of Salary
90. 192A Payment of taxable accumulated balance of provident fund to an employee
91. 194B Income by way of winnings from lotteries, crossword puzzles, card games and other games of any sort
92. 194BB Income by way of winnings from horse races
93. 194E Payments to non-resident sportsmen or sports associations.
94. 194G Payment on account of repurchase of unit by Mutual Fund or Unit Trust of India
95. 194LB Payment of interest on infrastructure debt fund
96. 194LBA Certain income distributed by a business trust to its unit holder
97. 194LBB Income in respect of units of investment fund
98. 194LC Payment of interest by an Indian Company or a business trust in respect of money borrowed in foreign currency under a loan agreement or by way of issue of long-term bonds (including long-term infrastructure bond)
99. 194LD Payment of interest on rupee denominated bond of an Indian Company or Government securities to a Foreign Institutional Investor or a Qualified Foreign Investor
100. 195 Payment of any other sums to a non-resident or to a foreign company
101. 195A Income payable “net of tax”
102. 196B Income from units (including long-term capital gain on transfer of such units) to an offshore fund
103. 196C Income from foreign currency bonds or shares of Indian company.
104. 196D Income of Foreign Institutional Investors from securities.
105. 197 Certificate of deduction at lower rate
106. 199 Credit for tax deducted
107. 200 Duty of person deducting tax
108. 201 Consequences of failure to deduct or pay
109. 204 Meaning of person responsible for paying
110. 205 Bar against direct demand on assessee
111. 206AA Requirement to furnish Permanent Account Number
112. 207 Liability for payment of advance tax
113. 208 Conditions of liability to pay advance tax
114. 209 Computation of advance tax
115. 210 Payment of advance tax by the assessee of his own accord or in pursuance of order of Assessing Officer
116. 211 Instalment of advance tax and due taxes
117. 218 When assessee deemed to be in default
118. 219 Credit for advance tax
119. 220 When tax payable and when assessee deemed in default
120. 221 Penalty payable when tax in default
121. 222 Certificate to tax recovery officer
122. 226 Other modes of recovery
123. 228A Recovery of tax in pursuance of agreements with foreign countries.
124. 230 Tax clearance certificate
125. 234A Interest for default in furnishing return of income
126. 234B Interest for default in payment of advance tax
127. 234C Interest for deferment of advance tax
128. 245N Provisions relating to advance rulings- Definitions.
129. 245-O Authority for Advance Rulings.
130. 245P Vacancies, etc., not to invalidate proceedings.
131. 245Q Application for advance ruling.
132. 245R Procedure on receipt of application.
133. 245RR Appellate authority not to proceed in certain cases.
134. 245S Applicability of advance ruling.
135. 245T Advance ruling to be void in certain circumstances
136. 245U Powers of the Authority.
137. 245V Procedure of Authority
138. 271BA Penalty for failure to furnish report under section 92E.
139. 271C Penalty for failure to deduct tax at source
140. 271FAB Penalty for failure to furnish statement or information or document by an eligible investment fund
141. 271G Penalty for failure to furnish information or document under section 92D
142. 271GA Penalty for failure to furnish information or document under section 285A
143. 271-I Penalty for failure furnish information or furnish inaccurate information under Section 195
144. 285 Submission of statement by a non-resident having liaison office
145. 285A Furnishing or information or documents by an Indian concern, through or in which the Indian assets are held by the foreign company or the entity, in certain cases
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