Section 220 — Foreign company said to be resident in India
(1) Where a foreign company is said to be a resident in India in any tax year
and such company has not been a resident in India in earlier tax years,
then, irrespective of anything in this Act and subject to the conditions as may be
notified by the Central Government in this behalf, the provisions of this Act relating
to—
( a) the computation of total income;
( b) treatment of unabsorbed depreciation;
( c) set off or carry forward and set off of losses;
( d) collection and recovery; and
( e) special provisions relating to avoidance of tax,
shall apply with such exceptions, modifications and adaptations as specified in that
notification for such tax year.
(2) Where the determination regarding foreign company to be resident in India has
been made in the assessment proceedings for any tax year, then, the provisions of
sub-section (1) shall also apply to any other tax year succeeding such tax year, which
ends on or before the date of completion of such assessment proceeding.
(3) Where, in a tax year, any benefit, exemption or relief has been claimed and granted
to the foreign company as per the provisions of sub-section (1), and, subsequently,
there is failure to comply with any of the conditions specified in the notification
issued under the said sub-section, then,—
( a) such benefit, exemption or relief shall be deemed to have been wrongly
allowed;
( b) the Assessing Officer may, irrespective of anything in this Act, re-com -
pute the total income of the assessee for the said tax year and make the
necessary amendment as if the exceptions, modifications and adaptation
referred to in sub-section (1) did not apply; and
( c) the provisions of section 28763 shall, so far as may be, apply thereto and
the period of four years specified in sub-section (8) of that section being
reckoned from the end of the tax year in which the failure to comply with
the condition referred to in sub-section (1) takes place.
(4) Every notification issued under this section shall be laid before each House of
Parliament.
F.—Special provisions relating to pass-through entities
Related sections
- Section 190 — Determination of tax where total income includes income on which no tax is payable
- Section 191 — Tax on accumulated balance of recognised provident fund
- Section 192 — Tax in case of block assessment of search cases
- Section 193 — Tax on income from Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer
- Section 194 — [Ss. 115B, 115BB, 115BBF, 115BBG, 115BBH and 115BBJ of the 1961 Act]
- Section 195 — Tax on income referred to in sections 102 to 106
- Section 196 — Tax on short-term capital gains in certain cases
- Section 197 — Tax on long-term capital gains
- Section 198 — Tax on long-term capital gains in certain cases
- Section 199 — Tax on income of certain manufacturing domestic companies
- Section 200 — Tax on income of certain domestic companies
- Section 201 — Tax on income of new manufacturing domestic companies
- Section 202 — New tax regime for individuals, Hindu undivided family and others
- Section 203 — Tax on income of certain resident co-operative societies
- Section 204 — Tax on income of certain new manufacturing co-operative societies
- Section 205 — Conditions for tax on income of certain companies and co-operative societies
- Section 206 — Special provision for minimum alternate tax and alternate minimum tax
- Section 207 — Tax on dividends, royalty and fees for technical service in case of foreign companies
- Section 208 — Tax on income from units purchased in foreign currency or capital gains arising from their transfer
- Section 209 — Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer
- Section 210 — Tax on income of Foreign Institutional Investors from securities or capital gains arising from their transfer
- Section 211 — Tax on non-resident sportsmen or sports associations
- Section 212 — Interpretation
- Section 213 — Special provision for computation of total income of non-residents
- Section 214 — Tax on investment income and long-term capital gains
- Section 215 — Capital gains on transfer of foreign exchange assets not to be charged in certain cases
- Section 216 — Return of income not to be furnished in certain cases
- Section 217 — Application of benefits under sections 212 to 216
- Section 218 — Tax on business income of Offshore Banking Units or International Financial Services Centre unit
- Section 219 — Conversion of an Indian branch of foreign company into subsidiary Indian company
- Section 221 — Tax on income from securitisation trusts
- Section 222 — Tax on income in case of venture capital undertakings
- Section 223 — Tax on income of unit holder and business trust
- Section 224 — Tax on income of investment fund and its unit holders
- Section 225 — Income from business of operating qualifying ships
- Section 226 — Tonnage tax scheme
- Section 227 — Computation of tonnage income
- Section 228 — Relevant shipping income and exclusion from book profit
- Section 229 — Depreciation and gains relating to tonnage tax assets
- Section 230 — Exclusion of deduction, loss, set off, etc
- Section 231 — Method of opting of tonnage tax scheme and validity
- Section 232 — Certain conditions for applicability of tonnage tax scheme
- Section 233 — Amalgamation and demerger
- Section 234 — Avoidance of tax and exclusion from tonnage tax scheme
- Section 235 — Interpretation