India - Income Tax Act 2010 - Saarc

S. 115D I.T. ACT, 1961 1.560(c) “investment income” means any income derived 38 [other than dividendsreferred to in section 115-O] from a foreign exchange asset;(d) “long-term capital gains” means income chargeable under the head“Capital gains” relating to a capital asset, being a foreign exchangeasset which is not a short-term capital asset;(e) “non-resident Indian” means an individual, being a citizen of India ora person of Indian origin who is not a “resident”.Explanation.—A person shall be deemed to be of Indian origin if he,or either of his parents or any of his grand-parents, was born inundivided India;(f) “specified asset” means any of the following assets, namely :—(i) shares in an Indian company;(ii) debentures issued by an Indian company which is not a privatecompany 39 as defined in the Companies Act, 1956 (1 of 1956);(iii) deposits with an Indian company which is not a private company39 as defined in the Companies Act, 1956 (1 of 1956);(iv) any security of the Central Government as defined in clause (2)of section 2 40 of the Public Debt Act, 1944 (18 of 1944);(v) such other assets as the Central Government may specify in thisbehalf by notification in the Official Gazette.Special provision for computation of total income of non-residents.115D. (1) No deduction in respect of any expenditure or allowance shall beallowed under any provision of this Act in computing the investmentincome of a non-resident Indian.(2) Where in the case of an assessee, being a non-resident Indian,—(a) the gross total income consists only of investment income or incomeby way of long-term capital gains or both, no deduction shall beallowed to the assessee 41 [under Chapter VI-A and nothing containedin the provisions of the second proviso to section 48 shall apply toincome chargeable under the head “Capital gains”];(b) the gross total income includes any income referred to in clause (a),the gross total income shall be reduced by the amount of such incomeand the deductions under Chapter VI-A shall be allowed as if the grosstotal income as so reduced were the gross total income of the assessee.38. Inserted by the Finance Act, 2003, w.e.f. 1-4-2004. Words “other than dividends referredto in section 115-O” inserted by the Finance Act, 1997, w.e.f. 1-4-1998 and later on omittedby the Finance Act, 2002, w.e.f. 1-4-2003.39. Clause (iii) of section 3(1) of the Companies Act, 1956, defines “private company”. For textof section 3, see Appendix.40. For definition of “Government security” see footnote 12 on page 1.488 ante.41. Substituted for “under sub-section (2) of section 48 or under Chapter VI-A” by the FinanceAct, 1992, w.e.f. 1-4-1993. Earlier these words were substituted for “under Chapter VI-A”by the Direct Tax Laws (Second Amendment) Act, 1989, w.r.e.f. 1-4-1988.