Amended and updated notes on section 115AC of Income Tax Act 1961 as amended by the Finance Act 2022 and Income-tax Rules, 1962. Detail discussion on provisions and rules related to tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer.
Chapter XII (Sections 110 to 115BBG) of the Income Tax Act 1961 deals with the provisions related to determination of tax in certain special cases. Section 115AC of IT Act 1961-2023 provides for tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer.
Recently, we have discussed in detail section 115AB (Tax on income from units purchased in foreign currency or capital gains arising from their transfer) of IT Act 1961. Today, we learn the provisions of section 115AC of Income-tax Act 1961. The amended provision of section 115AC is effective for financial year 2022-23 relevant to the assessment year 2023-24.
In this article, you will learn detail of the provisions of section 115AC of the Income Tax Act, 1961 Bare Act read with the Income-tax Rules, 1962, regulations, notifications, circulars, orders and Press Release by CBDT, Income Tax Department and the Ministry of Law and Justice, Government of India.
Section-115AC: Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer
Section 115AC(1) of Income Tax Act
Where the total income of an assessee, being a non-resident, includes—
(a) income by way of interest on bonds of an Indian company issued in accordance with such scheme as the Central Government may, by notification in the Official Gazette, specify in this behalf, or on bonds of a public sector company sold by the Government, and purchased by him in foreign currency; or
(b) income by way of dividends, other than dividends referred to in section 115-O, on Global Depository Receipts— [Strikethrough words shall be omitted w.e.f. 01.04.2021 by the Finance Act 2020]
- (i) issued in accordance with such scheme as the Central Government may, by notification in the Official Gazette, specify in this behalf, against the initial issue of shares of an Indian company and purchased by him in foreign currency through an approved intermediary; or
- (ii) issued against the shares of a public sector company sold by the Government and purchased by him in foreign currency through an approved intermediary; or
- (iii) issued or re-issued in accordance with such scheme as the Central Government may, by notification in the Official Gazette, specify in this behalf, against the existing shares of an Indian company purchased by him in foreign currency through an approved intermediary; or
- (iv) [Omitted]
(c) income by way of long-term capital gains arising from the transfer of bonds referred to in clause (a) or, as the case may be, Global Depository Receipts referred to in clause (b),
the income-tax payable shall be the aggregate of—
- (i) the amount of income-tax calculated on the income by way of interest or dividends,
other than dividends referred to in section 115-O, as the case may be, in respect of bonds referred to in clause (a) or Global Depository Receipts referred to in clause (b), if any, included in the total income, at the rate of ten per cent; [Strikethrough words shall be omitted w.e.f. 01.04.2021 by the Finance Act 2020] - (ii) the amount of income-tax calculated on the income by way of long-term capital gains referred to in clause (c), if any, at the rate of ten per cent; and
- (iii) the amount of income-tax with which the non-resident would have been chargeable had his total income been reduced by the amount of income referred to in clauses (a), (b) and (c).
Section 115AC(2) of Income Tax Act
Where the gross total income of the non-resident—
(a) consists only of income by way of interest or dividends, other than dividends referred to in section 115-O in respect of bonds referred to in clause (a) of sub-section (1) or, as the case may be, Global Depository Receipts referred to in clause (b) of that sub-section, no deduction shall be allowed to him under sections 28 to 44C or clause (i) or clause (iii) of section 57 or under Chapter VI-A; [Strikethrough words shall be omitted w.e.f. 01.04.2021 by the Finance Act 2020]
(b) includes any income referred to in clause (a) or clause (b) or clause (c) of sub-section (1), the gross total income shall be reduced by the amount of such income and the deduction under Chapter VI-A shall be allowed as if the gross total income as so reduced, were the gross total income of the assessee.
Section 115AC(3) of Income Tax Act
Nothing contained in the first and second provisos to section 48 shall apply for the computation of long-term capital gains arising out of the transfer of long-term capital asset, being bonds or Global Depository Receipts referred to in clause (c) of sub-section (1).
Section 115AC(4) of Income Tax Act
It shall not be necessary for a non-resident to furnish under sub-section (1) of section 139 a return of his income if—
- (a) his total income in respect of which he is assessable under this Act during the previous year consisted only of income referred to in clauses (a) and (b) of sub-section (1); and
- (b) the tax deductible at source under the provisions of Chapter XVII-B has been deducted from such income.
Section 115AC(5) of Income Tax Act
Where the assessee acquired Global Depository Receipts or bonds in an amalgamated or resulting company by virtue of his holding Global Depository Receipts or bonds in the amalgamating or demerged company, as the case may be, in accordance with the provisions of sub-section (1), the provisions of that sub-section shall apply to such Global Depository Receipts or bonds.
Explanation: For the purposes of this section,—
(a) “approved intermediary” means an intermediary who is approved in accordance with such scheme as may be notified by the Central Government in the Official Gazette;
(b) “Global Depository Receipts” shall have the same meaning as in clause (a) of the Explanation to section 115ACA.