Section 9 ITA 1961 prescribes when INCOME is DEEMED to ACCRUE OR ARISE…

Question

Section 9 ITA 1961 prescribes when INCOME is DEEMED to ACCRUE OR ARISE in India for non-residents. It includes:

Accepted Answer

B. income from BUSINESS CONNECTION in India; PROPERTY in India; ASSET/SOURCE OF INCOME in India; TRANSFER of CAPITAL ASSET situated in India; ROYALTY/FTS paid by Govt or by resident; salary if services rendered in India; etc.

1. Section 9 Income Tax Act 1961 deems certain INCOMES to ACCRUE OR ARISE in INDIA — relevant for taxation of NON-RESIDENTS and ROR who have foreign-source income.
2. CATEGORIES (Section 9(1)):
3. (i) BUSINESS CONNECTION in India (defined widely; includes SIGNIFICANT ECONOMIC PRESENCE — Section 9(1)(i) Explanation 2A);
4. (ii) Income from PROPERTY in India;
5. (iii) ASSET or SOURCE OF INCOME in India;
6. (iv) TRANSFER of CAPITAL ASSET situated in India (including indirect transfer if shares/interest derives substantial value from Indian assets);
7. (v) SALARY — earned in India for services rendered in India;
8. (vi) DIVIDEND paid by Indian company;
9. (vii) INTEREST paid by Govt/resident for borrowings outside India for business in India;
10. (viii) ROYALTY paid by Govt/resident (with exceptions);
11. (ix) FEES FOR TECHNICAL SERVICES paid by Govt/resident;
12. (x) BUSINESS INCOME of a non-resident through PE (with relevant DTAA modifications).
13. The SOURCE RULE under Section 9 is modified by DTAAs in many cases.
14. Hence option B is correct.
_Source: CS Executive Paper 4 Tax Laws (ICSI BoS) + Income Tax Act 1961 + CGST Act 2017 — Income Tax Act 1961, Section 9_

Answer

only land-based income (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9)

Answer

any income (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9)

Answer

no income (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9) (cf. Income Tax Act 1961, Section 9)