The Finance Act, 2015 inserted a new section 9A to the Income-tax Act, 1961 with effect from April 1, 2016 to provide for a special regime in respect of offshore funds having fund managers located in India.
The necessary guidelines for application of section 9A have been published in the Official Gazette vide notification number SO 110 (E) dated March 15, 2016 by way of insertion of rules 10V, 10VA, 10VB and Forms 3CEJ and 3K in the Income-tax Rules, 1962.
Rule 10VA provides for mechanism of fund being approved by the board for purpose of section 9A.
The fund seeking approval is required to make an application to member (Income-tax), CBDT.
A committee as notified by the board is to examine the application and submit its recommendations regarding grant of approval or otherwise and the conditions, if any, subject to which such approval would be granted.
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