Direct Taxes Code Bill, 2009

Bill

to consolidate and amend the law relating to direct taxes.

BE it enacted by Parliament in the Sixty First Year of the Republic of India as follows:-

CHAPTER - I

PRELIMINARY

Short title, extent and commencement

1. (1) This Code may be called the Direct Taxes Code, 2009.

(2) It extends to the whole of India.

(3) Save as otherAwise provided in this Code, it shall come into force on the

1st day of April, 2011 .

PART - A

INCOME-TAX

CHAPTER – II

BASIS OF CHARGE

Liability to pay income-tax

2. (1) Subject to the provisions of this Code, every person shall be liable to pay incometax in respect of his total income for the financial year.

(2) The liability to pay income-tax, referred to in sub-section (1), shall be the amount of income tax calculated at the rate specified in the First Schedule and in the manner provided therein.

(3) However, if a person is a company, the liability to pay income-tax referred to in sub-section (1) shall be the higher of the following amounts:-

(a) the amount of the liability calculated under sub-section (2); and

(b) the amount calculated at the rate specified in Paragraph A of the Second Schedule and in the manner provided therein.

(4) The liability to pay income-tax shall be discharged by payment of pre-paid taxes in accordance with the provisions of this Code.

(5) Without prejudice to the foregoing and subject to the provisions of this Code, every person may be charged in respect of his liability to pay income-tax referred to in sub-section (1).

(6) The income-tax charged under the foregoing provisions shall be collected after allowing credit for pre-paid taxes, if any, in accordance with the provisions of this Code.

(7) The liability to pay income-tax, or the chargeability thereof, under the foregoing provisions, for any financial year, shall be determined in accordance with the provisions of this Code as they stand on the 1st day of April immediately succeeding the last day of the financial year.

Scope of total income

3. (1) Subject to the provisions of this Code, the total income for any financial year of a person, who is a resident, shall include all income from whatever source derived which-

(a) accrues, or is deemed to accrue, to him in India in the

year;

(b) accrues to him outside India in the year;

(c) is received, or is deemed to be received, by him, or on his behalf, in India in the year; or

(d) is received by him, or on his behalf, outside India in the year.

(2) Subject to the provisions of this Code, the total income for any financial year of a person, who is a non-resident, includes all income from whatever source derived which-(a) accrues, or is deemed to accrue, to him in India in the year; or

(b) is received, or is deemed to be received, by him, or on his behalf, in India in the year.

(3) Any income which accrues to a resident outside India in the year, or is received outside India in the year by, or on behalf of, such resident, shall be included in the total income of the resident, regardless of –

(a) the income having been charged to tax outside India; or

(b) the method for granting of relief for the avoidance of double taxation under any agreement referred to in section 258.

Residence in India

4. (1) An individual shall be resident in India in any financial year, if he is in India-

(a) for a period, or periods, amounting in all to one hundred and eighty-two days, or more, in that year; or

(b) for a period, or periods, amounting in all to –

(i) sixty days, or more, in that year, and

(ii) three hundred and sixty-five days, or more, within the four years immediately preceding that year.

(2) The provisions of clause (b) of sub-section (1) shall not apply in respect of an individual who is—

(a) a citizen of India, or a person of Indian origin, living outside India and who visits India in that year;

(b) a citizen of India and who leaves India in that year as a member of the crew of an Indian ship; or

(c) a citizen of India and who leaves India in that year for the purposes of employment outside India.

(3) A company shall be resident in India in any financial year, if-

(a) it is an Indian company; or

(b) its place of control and management, at any time in the year, is situated wholly, or partly, in India.

(4) However, every other person shall be resident in India in any financial year, if the place of control and management of its affairs, at any time in the year, is situated wholly, or partly, in India.

Income deemed to accrue in India

5. (1) The income shall be deemed to accrue in India, if it accrues, whether directly orindirectly, through or from:-

(a) a business connection in India;

(b) a property in India;

(c) an asset or source of income in India; or

(d) the transfer, directly or indirectly, of a capital asset situate in India.

(2) Without prejudice to the generality of the provisions of sub-section (1), the following income shall be deemed to accrue in India: -

(a) income from employment, if it is for--

(i) service rendered in India;

(ii) service rendered outside India by a citizen of India and the income is receivable from the Government; or

(iii) the rest period, or leave period, which precedes, or succeeds, the period of service rendered in India and forms part of the service contract of employment;

(b) dividend received outside India from an Indian company;

(c) interest accrued from the Government or any resident;

(d) interest accrued from any non-resident, if the interest is in respect of any debt incurred and the debt is used for the purposes of-

(i) a business carried on by the non-resident in India; or

(ii) earning any income from any source in India;

(e) royalty accrued from the Government or any resident;

(f) royalty accrued from a non-resident, if the royalty is for the purposes of –

(i) a business carried on by the non-resident in India; or

(ii) earning any income from any source in India;

(g) fees for technical services accrued from the Government or any resident;

(h) fees for technical services accrued from any non-resident, in respect of services utilised for the purposes of,-

(i) a business carried on by the non-resident in India; or

(ii) earning any income from any source in India;

(i) transportation charges accrued from the Government or any resident;

(j) transportation charges accrued from any non-resident, if the transportation charges are in respect of the carriage to, or from, a place in India.

(3) For the purposes of clause (a) of sub-section (1), in the case of a business of which all the operations are not carried out in India, the income of the business deemed to accrue in India shall be only such part of the income as is reasonably attributable to those operations carried out in India.

(4) The income deemed to accrue in India under sub-section (1) shall, in the case of a non-resident, not include the following:-

(a) any income accruing through, or from, operations which are confined to the purchase of goods in India for the purposes of export out of India;

(b) interest accrued from a resident, in respect of any debt incurred and used for the purposes of,-

(i) a business carried on by the resident outside India; or

(ii) earning any income from any source outside India;

(c) royalty accrued from a resident for the purposes of,-

(i) a business carried on by the resident outside India; or

(ii) earning any income from any source outside India;

(d) royalty consisting of lump sum consideration accrued from a resident for the transfer of any rights (including the granting of a licence) in respect of computer software supplied by a non-resident manufacturer, along with a computer or computer-based equipment, under any scheme approved under the Policy on Computer Software Export, Software Development and Training, 1986 of the Government of India.

(e) fees for technical services, accrued from a resident, in respect of services utilised for the purposes of,-

(i) a business carried on by the resident outside India; or (ii) earning any income from any source outside India;

(f) transportation charges for the carriage by aircraft or ship, accrued from any resident, if the transportation charges are in respect of the carriage from a place outside India to another place outside India.

(5) The provisions of sub-section (2) shall be applicable regardless of the fact that,-

(a) the payment is made outside India;

(b) the services are rendered outside India; or

(c) the income has otherwise not accrued in India.

Income deemed to be received in the financial year

6. The following income shall be deemed to be received in the financial year:-

(a) any contribution made by the employer, in the financial year, to the account of an employee with any permitted savings intermediary referred to in sub-section (2) of section 66.

(b) any contribution made by the employer to any fund, other than an approved fund, or the interest thereon.

Total income to include income of any other person

7. (1) The total income of any person shall include the following income of any other person:-

(a) any income transferred, whether revocable or not, to any other person without transferring the asset from which the income accrues;

(b) any income accruing from an asset transferred to any trust, if the transfer is revocable during the life time of the beneficiary of the trust; and

(c) any income accruing from an asset...