close

 

CHAPTER XII-E

SPECIAL PROVISIONS RELATING TO TAX ON  DISTRIBUTED INCOME

Tax on distributed income to unit holders.

115R.  (1) Notwithstanding anything contained in any other provisions of this Act and section 32 of the Unit Trust of India Act, 1963 (52 of 1963), any amount of income distributed on or before the 31st day of March, 2002 by the Unit Trust of India to its unit holders shall be chargeable to tax and the Unit Trust of India shall be liable to pay additional income-tax on such distributed income at the rate of ten per cent :

Provided that nothing contained in this sub-section shall apply in respect of any income distributed to a unit holder of open-ended equity oriented funds in respect of any distribution made from such fund for a period of three years commencing from the 1st day of April, 1999.

(2) Notwithstanding anything contained in any other provision of this Act, any amount of income distributed by the specified company or a Mutual Fund to its unit holders 6[on or before the 31st day of March, 2020] shall be chargeable to tax and such specified company or Mutual Fund shall be liable to pay additional income-tax on such distributed income at the rate of-

1 [(i) twenty-five per cent on income distributed to any person being an individual or a Hindu undivided family by a money market mutual fund or a liquid fund;

 (ii)  thirty per cent on income distributed to any other person by a money market mutual fund or a liquid fund;

 (iii) ten per cent on income distributed to any person by an equity oriented fund;

 (iv) twenty-five per cent on income distributed to any person being an individual or a Hindu undivided family by a fund other than a money market mutual fund or a liquid fund or an equity oriented fund; and

 (v)  thirty per cent on income distributed to any other person by a fund other than a money market mutual fund or a liquid fund or an equity oriented fund:]

 Provided that where any income is distributed by a mutual fund under an infrastructure debt fund scheme to a non-resident (not being a company) or a foreign company, the mutual fund shall be liable to pay additional income-tax at the rate of five per cent on income so distributed:

Provided further that nothing contained in this sub-section shall apply in respect of any income distributed,-

(a)   by the Administrator of the specified undertaking, to the unit holders; or

(b) 2[******]

 

3[“Provided also that no additional income-tax shall be chargeable in respect of any amount of income distributed on or after the 1st day of September, 2019 by a specified Mutual Fund, out of its income derived from transactions made on a recognised stock exchange located in any International Financial Services Centre and where the Consideration to such transaction is paid or payable in convertible foreign exchange:”;]

Explanation.—For the purposes of this sub-section,—

(i) “administrator” and “specified company” shall have the meanings respectively assigned to them in the Explanation to clause (35) of section 10;

4[(ia) “convertible foreign exchange” means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the Foreign Exchange Management Act, 1999 42 of 1999) and the rules made thereunder;’;]

(ii) “infrastructure debt fund scheme” shall have the same meaning as assigned to it in clause (1) of regulation 49L of the Securities and Exchange Board of India (Mutual Funds) Regulations, 1996 made under the Securities and Exchange Board of India Act, 1992 (15 of 1992).

5[(iii) “International Financial Services Centre” shall have the meaning assigned to it in clause (q) of section 2 of the Special Economic Zones Act, 2005 (28 of 2005);

(iv) “recognised stock exchange” shall have the meaning assigned to it in clause (ii) of Explanation 1 to clause (5) of section 43;

(v) “specified Mutual Fund” means a Mutual Fund specified under clause (23D) of section 10—

(a) located in any International Financial Services Centre;

(b) of which all the units are held by non-residents;

 

(vi) “unit” means beneficial interest of an investor in the fund;’]

(2A) For the purposes of determining the additional income-tax payable in accordance with sub-section (2), the amount of distributed income referred therein shall be increased to such amount as would, after reduction of the additional income-tax on such increased amount at the rate specified in sub-section (2), be equal to the amount of income distributed by the Mutual Fund.

(3) The person responsible for making payment of the income distributed by the Unit Trust of India or a Mutual Fund and the Unit Trust of India or the Mutual Fund, as the case may be, shall be liable to pay tax to the credit of the Central Government within fourteen days from the date of distribution or payment of such income, whichever is earlier.

(3A) Omitted

(4) No deduction under any other provision of this Act shall be allowed to the Unit Trust of India or to a Mutual Fund in respect of the income which has been charged to tax under sub-section (1) or sub-section (2).

1 Clauses (i) to (v) substituted for clauses (i) to (iii) by the Finance Act, 2018, w.e.f. 1-4-2018. Earlier, clauses (i) to (iii) were substituted for clauses (i) and (ii) by the Finance Act, 2007, w.e.f. 1-4-2007 and later on amended by the Finance Act, 2011, w.e.f. 1-6-2011 and Finance Act, 2013, w.e.f. 1-6-2013; clause (ia) was inserted by the Finance Act, 2011, w.e.f. 1-6-2011. Prior to their substitution, clauses (i) to (iii) read as under :

"(i) twenty-five per cent on income distributed to any person being an individual or a Hindu undivided family by a money market mutual fund or a liquid fund;

(ia) thirty per cent on income distributed to any other person by a money market mutual fund or a liquid fund;

(ii)  twenty-five per cent on income distributed to any person being an individual or a Hindu undivided family by a fund other than a money market mutual fund or a liquid fund; and

(iii) thirty per cent on income distributed to any other person by a fund other than a money market mutual fund or a liquid fund:"

2 Omitted by the Finance Act, 2018, w.e.f. 1-4-2018.

Prior to its omission, clause (b), as amended by the Finance (No. 2) Act, 2004, w.r.e.f. 1-4-2004 and Finance Act, 2006, w.e.f. 1-6-2006, read as under

"(b) to a unit holder of equity oriented funds in respect of any distribution made from such funds."

3.Inserted  by the Finance Act, 2019 (w.e.f. 1-9-2019).

4.Inserted  by the Finance Act, 2019 (w.e.f. 1-9-2019).

5.Inserted  by the Finance Act, 2019 (w.e.f. 1-9-2019).

6. Inserted by the Finance Act, 2020. Dated 01st February, 2020  Amendment Effective From 01st April,2021