{"act":{"id":"finance-act-2023","short_title":"The Finance Act, 2023","long_title":"An Act to give effect to the financial proposals of the Central Government for the financial year 2023-2024.","act_number":"8","act_year":2023,"enact_date":null,"enforcement_date":null,"ministry":"Ministry of Finance","department":"Department of Revenue","jurisdiction":"CENTRAL","unit":"section","section_count":181,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"published","scan_url":null,"url":"https://indiacode.ecourtsindia.com/finance-act-2023/"},"unit":"section","section":{"number":"32","heading":"Amendment of section 56","text":"Amendment of section 56. 32.  In section 56 of the Income-tax Act, in sub-section (2),— (a) | in clause (viib),— (i) | with effect from the 1st day of April, 2024, the words \"being a resident\" shall be omitted; (ii) | in the Explanation, in clause (aa), after the words and figures \"Securities and Exchange Board of India Act, 1992 (15 of 1992) or regulated under the\", the words, brackets and figures \"International Financial Services Centre Authority (Fund Management) Regulations, 2022 made under the\" shall be inserted; (b) | after clause (xi), with effect from the 1st day of April, 2024, the following clauses shall be inserted, namely:— '(xii) | any specified sum received by a unit holder from a business trust during the previous year, with respect to a unit held by him at any time during the previous year. Explanation.—For the purposes of this clause, \"specified sum\" shall be computed in accordance with the following formula, namely:— Specified sum=A-B-C (which shall be deemed to be zero if sum of B and C is greater than A), where— A=aggregate of sum distributed by the business trust with respect to such unit, during the previous year or during any earlier previous year or years, to such unit holder, who holds such unit on the date of distribution of sum or to any other unitholder who held such unit at any time prior to the date of such distribution, which is,— (a) | not in the nature of income referred to in clause (23FC) or clause (23FCA) of section 10; and (b) | not chargeable to tax under sub-section (2) of section 115UA; B=amount at which such unit was issued by the business trust; and C=amount charged to tax under this clause in any earlier previous year; (xiii) | where any sum is received, including the amount allocated by way of bonus, at any time during a previous year, under a life insurance policy, other than the sum,— (a) | received under a unit linked insurance policy; (b) | being the income referred to in clause (iv), which is not to be excluded from the total income of the previous year in accordance with the provisions of clause (10D) of section 10, the sum so received as exceeds the aggregate of the premium paid, during the term of such life insurance policy, and not claimed as deduction under any other provision of this Act, computed in such manner as may be prescribed. Explanation.—For the purposes of this clause \"unit linked insurance policy\" shall have the meaning assigned to it in Explanation 3 to clause (10D) of section 10.'.","html":"<p><b>Amendment of section 56.</b></p><p><b>32. </b> In section 56 of the Income-tax Act, in sub-section (2),—</p><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>a</i>)</td><td></td><td>in clause (<i>viib</i>),—</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>i</i>)</td><td></td><td>with effect from the 1st day of April, 2024, the words \"being a resident\" shall be omitted;</td></tr><tr><td>(<i>ii</i>)</td><td></td><td>in the <i>Explanation</i>, in clause (<i>aa</i>), after the words and figures \"Securities and Exchange Board of India Act, 1992 (15 of 1992) or regulated under the\", the words, brackets and figures \"International Financial Services Centre Authority (Fund Management) Regulations, 2022 made under the\" shall be inserted;</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>b</i>)</td><td></td><td>after clause (<i>xi</i>), with effect from the 1st day of April, 2024, the following clauses shall be inserted, namely:—</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>'(<i>xii</i>)</td><td></td><td>any specified sum received by a unit holder from a business trust during the previous year, with respect to a unit held by him at any time during the previous year.</td></tr><tr><td></td><td></td><td><i>Explanation</i>.—For the purposes of this clause, \"specified sum\" shall be computed in accordance with the following formula, namely:—</td></tr><tr><td></td><td></td><td>Specified sum=A-B-C (which shall be deemed to be zero if sum of B and C is greater than A), where—</td></tr><tr><td></td><td></td><td>A=aggregate of sum distributed by the business trust with respect to such unit, during the previous year or during any earlier previous year or years, to such unit holder, who holds such unit on the date of distribution of sum or to any other unitholder who held such unit at any time prior to the date of such distribution, which is,—</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>a</i>)</td><td></td><td>not in the nature of income referred to in clause (<i>23FC</i>) or clause (<i>23FCA</i>) of section 10; and</td></tr><tr><td>(<i>b</i>)</td><td></td><td>not chargeable to tax under sub-section (2) of section 115UA;</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td></td><td></td><td>B=amount at which such unit was issued by the business trust; and</td></tr><tr><td></td><td></td><td>C=amount charged to tax under this clause in any earlier previous year;</td></tr><tr><td>(<i>xiii</i>)</td><td></td><td>where any sum is received, including the amount allocated by way of bonus, at any time during a previous year, under a life insurance policy, other than the sum,—</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>a</i>)</td><td></td><td>received under a unit linked insurance policy;</td></tr><tr><td>(<i>b</i>)</td><td></td><td>being the income referred to in clause (<i>iv</i>),</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td></td><td></td><td>which is not to be excluded from the total income of the previous year in accordance with the provisions of clause (<i>10D</i>) of section 10, the sum so received as exceeds the aggregate of the premium paid, during the term of such life insurance policy, and not claimed as deduction under any other provision of this Act, computed in such manner as may be prescribed.</td></tr></table></div><div class=\"tablewrap\"><table class=\"dtable\"><tr><td></td><td></td><td><i>Explanation.</i>—For the purposes of this clause \"unit linked insurance policy\" shall have the meaning assigned to it in <i>Explanation 3</i> to clause (<i>10D</i>) of section 10.'.</td></tr></table></div>","words":437,"text_source":"published"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/finance-act-2023/section/32/","note":null,"source_note":"Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument.","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}