SECTION 9 OF THE INCOME-TAX ACT, 1961 – INCOME DEEMED TO ACCRUE OR ARISE IN INDIA – CLARIFICATIONS ON INDIRECT TRANSFER PROVISIONS UNDER SAID ACT – OPERATION OF CIRCULAR NO.41/2016, DATED 21-12-2016 KEPT IN ABEYANCE FOR TIME BEING IN FORCE
CIRCULAR NO.4 OF 2017 [F.NO.500/43/2012-FT&TR-IV], DATED 20-1-2017
The Central Board of Direct Taxes had issued Circular No. 41/2016 on 21st December, 2016 regarding Indirect Transfer Provisions under the Income Tax Act, 1961.
2. After the issue of circular No. 41/2016, representations have been received from various FPIs, FIIs, VCFs and other stakeholders. The stakeholders have presented their Concerns stating that the circular does not address the issue of possible multiple taxation of the same income. The representations made by the stakeholders are currently under consideration and examination.
3. Pending a decision in the matter, operation of Circular No. 41 of 2016 dated 21st December, 2016 is kept in abeyance for the time being.