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Amendment of section 9.

Clause 4 - Bills - DIRECT TAXES - Income-tax - Bill - Clause 4 - 4. In section 9 of the Income-tax Act, in sub-section (1), in clause (i), with effect from the 1st day of April, 2019,- (I) in Explanation 2, for clause (a), the following clause shall be substituted, namely:- (a) has and habitually exercises in India, an authority to conclude contracts on behalf of the non-resident or habitually concludes contracts or habitually plays the principal role leading to conclusion of contracts by that n .....

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ident in India shall constitute business connection in India and significant economic presence for this purpose, shall mean- (a) transaction in respect of any goods, services or property carried out by a non-resident in India including provision of download of data or software in India, if the aggregate of payments arising from such transaction or transactions during the previous year exceeds such amount as may be prescribed; or (b) systematic and continuous soliciting of business activities or .....

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lause 4 of the Bill seeks to amend section 9 of the Income-tax Act relating to income deemed to accrue or arise in India. Explanation 2 to clause (i) of sub-section (1) of the said section provides that business connection shall include any business activity carried out through a person who, acting on behalf of the non-resident, has and habitually exercises in India, an authority to conclude contracts on behalf of the non-resident, unless his activities are limited to the purchase of goods or me .....

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hall not include any business activity specified therein. It is proposed to substitute clause (a) of the said Explanation 2 so as to provide that business connection shall include any business activity carried through a person who, acting on behalf of the non-resident, has and habitually exercises in India, an authority to conclude contracts on behalf of the non-resident or habitually concludes contracts or habitually plays the principal role leading to conclusion of contracts by the non-residen .....

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