{"act":{"id":"finance-act-2015","short_title":"The Finance Act, 2015","long_title":"An Act to give effect to the financial proposals of the Central Government for the financial year 2015-2016.","act_number":"20","act_year":2015,"enact_date":null,"enforcement_date":null,"ministry":"Ministry of Finance","department":"Department of Revenue","jurisdiction":"CENTRAL","unit":"section","section_count":165,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"published","scan_url":null,"url":"https://indiacode.ecourtsindia.com/finance-act-2015/"},"unit":"section","section":{"number":"30","heading":"Amendment of section 115JB","text":"Amendment of section 115JB. 30. In section 115JB of the Income-tax Act, in the Explanation 1 below sub-section (2), with effect from the 1st day of April, 2016,— (a) | after clause (f), the following clauses shall be inserted, namely:— \"(fa) | the amount or amounts of expenditure relatable to, income, being share of the assessee in the income of an association of persons or body of individuals, on which no income-tax is payable in accordance with the provisions of section 86; or (fb) | the amount or amounts of expenditure relatable to income accruing or arising to an assessee, being a foreign company, from,— (A) | the capital gains arising on transactions in securities; or (B) | the interest, royalty or fees for technical services chargeable to tax at the rate or rates specified in Chapter XII, if the income-tax payable thereon in accordance with the provisions of this Act, other than the provisions of this Chapter, it is a rate less than the rate specified in sub-section (1); or (fc) | the amount representing notional loss on transfer of a capital asset, being share or a special purpose vehicle to a business trust in exchange of units allotted by the trust referred to in clause (xvii) of section 47 or the amount representing notional loss resulting from any change in carrying amount of said units or the amount of loss on transfer of units referred to in clause (xvii) of section 47; or;\" (b) | after clause (j), the following clause shall be inserted, namely:— \"(k) | the amount of gain on transfer of units referred to in clause (xvii) of section 47 computed by taking into account the cost of the shares exchanged with units referred to in the said clause or the carrying amount of the shares at the time of exchange where such shares are carried at a value other than the cost through profit or loss account, as the case may be;\"; (c) | after clause (iib), the following clauses shall be inserted, namely:— \"(iic) | the amount of income, being the share of the assessee in the income of an association of persons or body of individuals, on which no income-tax is payable in accordance with the provisions of section 86, if any, such amount is credited to the profit and loss account; or (iid) | the amount of income accruing or arising to assessee, being a foreign company, from,— (A) | the capital gains arising on transactions in securities; or (B) | the interest, royalty or fees for technical services chargeable to tax at the rate or rates specified in Chapter XII, if such income is credited to the profit and loss account and the income-tax payable thereon in accordance with the provisions of this Act, other than the provisions of this Chapter, is at a rate less than the rate specified in sub-section (1); or (iie) | the amount representing,— (A) | notional gain on transfer of a capital asset, being share of a special purpose vehicle to a business trust in exchange of units allotted by that trust referred to in clause (xvii) of section 47; or (B) | notional gain resulting from any change in carrying amount of said units; or (C) | gain on transfer of units referred to in clause (xvii) of section 47, if any, credited to the profit and loss account; or (iif) | the amount of loss on transfer of units referred to in clause (xvii) of section 47 computed by taking into account the cost of the shares exchanged with units referred to in the said clause or the carrying amount of the shares at the time of exchange where such shares are carried at a value other than the cost through profit or loss account, as the case may be; or\"; (d) | after Explanation 3, the following Explanation shall be inserted, namely:— 'Explanation 4.—For the purposes of sub-section (2), the expression \"securities\" shall have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956).'.","html":" Amendment of section 115JB.
30. In section 115JB of the Income-tax Act, in the Explanation 1 below sub-section (2), with effect from the 1st day of April, 2016,—
| (a) | | after clause (f), the following clauses shall be inserted, namely:— |
| \"(fa) | | the amount or amounts of expenditure relatable to, income, being share of the assessee in the income of an association of persons or body of individuals, on which no income-tax is payable in accordance with the provisions of section 86; or |
| (fb) | | the amount or amounts of expenditure relatable to income accruing or arising to an assessee, being a foreign company, from,— |
| (A) | | the capital gains arising on transactions in securities; or |
| (B) | | the interest, royalty or fees for technical services chargeable to tax at the rate or rates specified in Chapter XII, |
| | if the income-tax payable thereon in accordance with the provisions of this Act, other than the provisions of this Chapter, it is a rate less than the rate specified in sub-section (1); or |
| (fc) | | the amount representing notional loss on transfer of a capital asset, being share or a special purpose vehicle to a business trust in exchange of units allotted by the trust referred to in clause (xvii) of section 47 or the amount representing notional loss resulting from any change in carrying amount of said units or the amount of loss on transfer of units referred to in clause (xvii) of section 47; or;\" |
| (b) | | after clause (j), the following clause shall be inserted, namely:— |
| \"(k) | | the amount of gain on transfer of units referred to in clause (xvii) of section 47 computed by taking into account the cost of the shares exchanged with units referred to in the said clause or the carrying amount of the shares at the time of exchange where such shares are carried at a value other than the cost through profit or loss account, as the case may be;\"; |
| (c) | | after clause (iib), the following clauses shall be inserted, namely:— |
| \"(iic) | | the amount of income, being the share of the assessee in the income of an association of persons or body of individuals, on which no income-tax is payable in accordance with the provisions of section 86, if any, such amount is credited to the profit and loss account; or |
| (iid) | | the amount of income accruing or arising to assessee, being a foreign company, from,— |
| (A) | | the capital gains arising on transactions in securities; or |
| (B) | | the interest, royalty or fees for technical services chargeable to tax at the rate or rates specified in Chapter XII, |
| | if such income is credited to the profit and loss account and the income-tax payable thereon in accordance with the provisions of this Act, other than the provisions of this Chapter, is at a rate less than the rate specified in sub-section (1); or |
| (iie) | | the amount representing,— |
| (A) | | notional gain on transfer of a capital asset, being share of a special purpose vehicle to a business trust in exchange of units allotted by that trust referred to in clause (xvii) of section 47; or |
| (B) | | notional gain resulting from any change in carrying amount of said units; or |
| (C) | | gain on transfer of units referred to in clause (xvii) of section 47, |
| | if any, credited to the profit and loss account; or |
| (iif) | | the amount of loss on transfer of units referred to in clause (xvii) of section 47 computed by taking into account the cost of the shares exchanged with units referred to in the said clause or the carrying amount of the shares at the time of exchange where such shares are carried at a value other than the cost through profit or loss account, as the case may be; or\"; |
| (d) | | after Explanation 3, the following Explanation shall be inserted, namely:— |
| | 'Explanation 4.—For the purposes of sub-section (2), the expression \"securities\" shall have the same meaning as assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956).'. |