India - Income Tax Act 2010 - Saarc

1.47 CH. III - INCOMES WHICH DO NOT FORM PART OF TOTAL INCOME S. 10(6B)(iv) any corporation established by or under a Central, State orProvincial Act ; or(v) any society registered under the Societies Registration Act,1860 (14 of 1860), or under any other corresponding law forthe time being in force and wholly financed by the CentralGovernment, or any State Government or State Governments,or partly by the Central Government and partly by oneor more State Governments ;]16[(6A) where in the case of a foreign company deriving income by wayof royalty or fees for technical services received from Governmentor an Indian concern in pursuance of an agreement made bythe foreign company with Government or the Indian concern afterthe 31st day of March, 1976 17 [but before the 1st day of June, 2002]18[and,—(a) where the agreement relates to a matter included in the industrialpolicy, for the time being in force, of the Government of India,such agreement is in accordance with that policy ; and(b) in any other case, the agreement is approved by the CentralGovernment,the tax on such income is payable, under the terms of the agreement,by Government or the Indian concern to the Central Government, thetax so paid].Explanation.—For the purposes of this clause 19 [and clause (6B)],—(a) “fees for technical services” shall have the same meaning as inExplanation 2 to clause (vii) of sub-section (1) of section 9 ;(b) “foreign company” shall have the same meaning as in section 80B ;(c) “royalty” shall have the same meaning as in Explanation 2 toclause (vi) of sub-section (1) of section 9;]19[(6B) where in the case of a non-resident (not being a company) or of aforeign company deriving income (not being salary, royalty or fees fortechnical services) from Government or an Indian concern in pursuanceof an agreement entered into 20 [before the 1st day of June,2002] by the Central Government with the Government of a foreignState or an international organisation, the tax on such income ispayable by Government or the Indian concern to the Central Governmentunder the terms of that agreement or any other related agreementapproved 20 [before that date] by the Central Government, thetax so paid ;]16. Inserted by the Finance Act, 1983, w.e.f. 1-4-1984.17. Inserted by the Finance Act, 2002, w.e.f. 1-4-2003.18. Substituted for “and approved by the Central Government, the tax on such income ispayable, under the terms of such agreement, by Government or the Indian concern to theCentral Government, the tax so paid” by the Finance Act, 1992, w.e.f. 1-6-1992.19. Inserted by the Finance Act, 1988, w.e.f. 1-4-1988.20. Inserted by the Finance Act, 2002, w.e.f. 1-4-2003.