Section 9 - Income deemed to accrue or arise in India
Income-tax Act, 1961
Clause wise scheme and arrangement of various activities:
Sec 9(1)(i)
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Income accruing or arising outside India, directly or indirectly through or from
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Any Business Connection in India
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Any Property/Asset or source of income in India
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Transfer of Capital Asset situated in India
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Sec 9(1)(ii)
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Salary earned for services rendered in India
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Sec 9(1)(iii)
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Salary Payable by government to Indian Citizen for services rendered outside India
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Sec 9(1)(iv)
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Dividend paid by Indian Company Outside India
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Sec 9(1)(v)
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Interest, if payable by
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⇔
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Person resident in India
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Exceptions
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If the money borrowed and used or technical services or royalty services are utilised for the purpose of business or profession carried on outside India
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If the money borrowed and used or technical services or royalty services are utilised for making income from source outside India
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Sec 9(1)(vi)
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Royalty, if payable by
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⇔
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Government
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Sec 9(1)(vii)
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Fees for technical service, if payable by
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⇔
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A Non-Resident
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Purpose
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If money is borrowed and used for the purpose of business or profession carried in India
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If Technical services or royalty services are utilised for the purpose of business or profession carried on in India or making income from any source in India
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Section 9(1)(viii) Deemed accrual of gift made to a person outside India- Gift of any money made by a resident to NR or Foreign Company on or after 5th July 2019 shall be deemed to be accrue or arise in India.
Full Text:
Section 9 - Income deemed to accrue or arise in India
Dated: 30-5-2023