TMI BlogClarification regarding Explanation 5 to clause (i) of sub-section (1) of section 9 of Income-tax Act, 1961 ('Act') – regardingX X X X Extracts X X X X X X X X Extracts X X X X ..... deemed to accrue or arise in India:- (i) all income accruing or arising, whether directly or indirectly, through or from any business connection in India, or through or from any property in India, or through or from any asset or source of income in India, or through the transfer of a capital asset situate in India. 2. The Finance Act, 2012 inserted Explanation 5 to clause (i) of sub-section (1) of section 9 . The said explanation reads as under:- Explanation 5.-For the removal of doubts, it is hereby clarified that an asset or a capital asset being any share or interest in a company or entity registered or incorporated outside India shall be deemed to be and shall always be deemed to have been situated in India, if the share ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or indirectly, is taxable in India. One of the limbs of clause (i) is income accruing or arising directly or indirectly through the transfer of a capital asset situate in India . The legislative intent of this clause is to widen the application as it covers incomes, which are accruing or arising directly or indirectly. The section codifies source rule of taxation wherein the state where the actual economic nexus of income is situated has a right to tax the income irrespective of the place of residence of the entity deriving the income. Where corporate structure ls created to route funds, the actual gain or income arises only in consequence of the investment made in the activity to which such gains are attributable and not the mode through ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g, directly or indirectly, the underlying assets located in India, as income accruing or arising in India. 6. Declaration of dividend by such a foreign company outside India does not have the effect of transfer of any underlying assets located in India. It is therefore, clarified that the dividends declared and paid by a foreign company outside India in respect of shares which derive their value substantially from assets situated in India would not be deemed to be income accruing or arising in India by virtue of the provisions of Explanation 5 to section 9 (1)(i) of the Act . 7. This-his may be brought to the notice of all concerned for strict compliance. 8. Hindi version to follow. (Anup Singh) Under Secretary to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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