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[Cites 0, Cited by 0] [Section 115AD] [Entire Act]

Union of India - Subsection

Section 115AD(1) in The Income Tax Act, 1961

(1)Where the total income of a [specified fund or] Foreign Institutional Investor includes—
(a)income [***] received in respect of securities (other than units referred to in section 115AB); or
(b)income by way of short-term or long-term capital gains arising from the transfer of such securities,
the income-tax payable shall be the aggregate of—[(i) the amount of income-tax calculated on the income in respect of securities referred to in clause (a), if any, included in the total income,—
(A)at the rate of twenty per cent in case of Foreign Institutional Investor;
(B)at the rate of ten per cent in case of specified fund:
Provided that the amount of income-tax calculated on the income by way of interest referred to in section 194LD shall be at the rate of five per cent;]
(ii)the amount of income-tax calculated on the income by way of short-term capital gains referred to in clause (b), if any, included in the total income, at the rate of thirty per cent :
Provided that the amount of income-tax calculated on the income by way of short-term capital gains referred to in section 111A shall be at the rate of fifteen per cent;
(iii)the amount of income-tax calculated on the income by way of long-term capital gains referred to in clause (b), if any, included in the total income, at the rate of ten per cent:
Provided that in case of income arising from the transfer of a long-term capital asset referred to in section 112A, income-tax at the rate of ten per cent shall be calculated on such income exceeding one lakh rupees; and
(iv)the amount of income-tax with which the [specified fund or] Foreign Institutional Investor would have been chargeable had its total income been reduced by the amount of income referred to in clause (a) and clause (b).
[(1A) Notwithstanding anything contained in sub-section (1), in case of specified fund, the provision of this section shall apply only to the extent of income that is attributable to units held by non-resident (not being a permanent establishment of a non-resident in India) calculated in the prescribed manner.][(1B) Notwithstanding anything contained in sub-section (1), where the specified fund is investment division of an offshore banking unit, the provisions of this section shall apply to the extent of income that is attributable to the investment division of such banking units, referred to in sub-clause (ii) of clause (c) to the Explanation to clause (4D) of section 10, as a Category-I portfolio investor under the Securities and Exchange Board of India (Foreign Portfolio Investors) Regulations, 2019 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992), calculated in such manner as may be prescribed.]