Section 115AC of Income Tax Act "Tax on income from bonds or Global Depository Receipts purchased in foreign currency or capital gains arising from their transfer"
115AC. (1) Where the total income of an assessee, being a
non-resident, includes-
(a) income by way of interest on bonds of an Indian company
issued in accordance with such scheme as the Central
Government may, by notification in the Official Gazette,
specify in this behalf, or on bonds of a public sector
company sold by the Government, and purchased by him in
foreign currency; or
(b) income by way of dividends 69[, other than dividends
referred to in section 115-O,] on Global Depository
Receipts-
(i) issued in accordance with such scheme as the Central
Government may, by notification in the Official Gazette,
specify in this behalf, against the initial issue of shares
of an Indian company and purchased by him in foreign
currency through an approved intermediary; or
(ii) issued against the shares of a public sector company
sold by the Government and purchased by him in foreign
currency through an approved intermediary; or-
(iii) issued or re-issued in accordance with such scheme
as the Central Government may, by notification in the
Official Gazette, specify in this behalf, against the
existing shares of an Indian company purchased by him in
foreign currency through an approved intermediary; or
(iv) [***]
(c) income by way of long-term capital gains arising from
the transfer of bonds referred to in clause (a) or, as the
case may be, Global Depository Receipts referred to in
clause (b),
the income-tax payable shall be the aggregate of-
(i) the amount of income-tax calculated on the income by way
of interest or dividends 69[, other than dividends referred
to in section 115-O], as the case may be, in respect of
bonds referred to in clause (a) or Global Depository
Receipts referred to in clause (b), if any, included in the
total income, at the rate of ten per cent;
(ii) the amount of income-tax calculated on the income by
way of long-term capital gains referred to in clause (c), if
any, at the rate of ten per cent; and
(iii) the amount of income-tax with which the non-resident
would have been chargeable had his total income been reduced
by the amount of income referred to in clauses (a), (b) and
(c).
(2) Where the gross total income of the non-resident-
(a) consists only of income by way of interest or dividends
70[, other than dividends referred to in section 115-O] in
respect of bonds referred to in clause (a) of sub-section
(1) or, as the case may be, Global Depository Receipts
referred to in clause (b) of that sub-section, no deduction
shall be allowed to him under sections 28 to 44C or clause (i)
or clause (iii) of section 57 or under Chapter VI-A;
(b) includes any income referred to in clause (a) or clause
(b) or clause (c) of sub-section (1), the gross total income
shall be reduced by the amount of such income and the
deduction under Chapter VI-A shall be allowed as if the
gross total income as so reduced, were the gross total
income of the assessee.
(3) Nothing contained in the first and second provisos to
section 48 shall apply for the computation of long-term
capital gains arising out of the transfer of long-term
capital asset, being bonds or Global Depository Receipts
referred to in clause (c) of sub-section (1).
(4) It shall not be necessary for a non-resident to furnish
under sub-section (1) of section 139 a return of his income
if-
(a) his total income in respect of which he is assessable
under this Act during the previous year consisted only of
income referred to in clauses (a) and (b) of sub-section
(1); and
(b) the tax deductible at source under the provisions of
Chapter XVII-B has been deducted from such income.
(5) Where the assessee acquired Global Depository Receipts
or bonds in an amalgamated or resulting company by virtue of
his holding Global Depository Receipts or bonds in the
amalgamating or demerged company, as the case may be, in
accordance with the provisions of sub-section (1), the
provisions of that sub-section shall apply to such Global
Depository Receipts or bonds.
Explanation.-For the purposes of this section,-
(a) "approved intermediary" means an intermediary who is
approved in accordance with such scheme as may be notified
by the Central Government in the Official Gazette;
(b) "Global Depository Receipts" shall have the same meaning
as in clause (a) of the Explanation to section 115ACA.