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MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 13th May, 2021
(INCOME-TAX)
S.O. 1853(E).—In exercise of powers conferred by sub-clause (vi) of clause (b) of the Explanation 1 to
clause (23FE) of section 10 of the Income-tax Act, 1961 ( 43 of 1961) (hereinafter referred to as the “Act”), the
Central Government hereby specifies the sovereign wealth fund, namely, the Ministry of Economy and Finance (of the
Republic of Korea), (hereinafter referred to as “the assessee”) as the specified person for the purposes of the said
clause in respect of the investment made by it in India on or after the date of publication of this notification in the
Official Gazette but on or before the 31st day of March, 2024 (hereinafter referred to as “said investments”) subject to
the fulfilment of the following conditions, namely:-
(i)
the assessee shall file return of income, for all the relevant previous years falling within the period
beginning from the date in which the said investment has been made and ending on the date on which
such investment is liquidated, on or before the due date specified for furnishing the return of income
under sub-section (1) of section 139 of the Act;
(ii)
the assessee shall get its books of account audited for the previous years referred to in clause (i) by any
accountant specified in the Explanation below sub-section (2) of section 288 of the Act and furnish the
Audit Report in the format annexed as Annexure to this notification herewith at least one month prior to
the due date specified for furnishing the return of income under sub-section (1) of section 139 of the Act;
(iii)
the assessee shall furnish a quarterly statement within one month from the end of each quarter
electronically in Form II as annexed to the Circular No 15 of 2020, dated the 22nd July, 2020 with F. No.
8
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(ii)]
370142/26/2020-TPL, issued by the Ministry of Finance, Department of Revenue, Central Board of
Direct Taxes (Tax Policy and Legislation Division), in respect of each investment made by it during the
said quarter;
(iv)
the assessee shall maintain a segmented account of income and expenditure in respect of such investment
which qualifies for exemption under clause (23FE) of section 10 of the Act;
(v)
the assessee shall continue to be owned and controlled, directly or indirectly, by the Republic of Korea
and at no point of time any other person should have any ownership or control, directly or indirectly, in
the assessee;
(vi)
the assessee shall continue to be regulated under the law of the Republic of Korea;
(vii)
the earnings of the assessee shall be credited either to the account of the Republic of Korea or to any other
account designated by that Government so that no portion of the earnings inures to any private person
barring any payment made to creditors or depositors for loan taken or borrowing [as defined in sub-clause
(a) of clause (ii) of Explanation 2 to clause (23FE) of section 10 of the Act] taken for the purposes other
than for making investment in India;
(viii)
the assessee shall not have any loans or borrowings [as defined in sub-clause (a) of clause (ii) of
Explanation 2 to clause (23FE) of section 10 of the Act], directly or indirectly, for the purposes of making
investment in India;
(ix)
the asset of the assessee shall vest in the Republic of Korea upon dissolution barring any payment made to
creditors or depositors for loan taken or borrowing for the purposes other than for making investment in
India; and
(x)
the assessee shall not participate in the day to day operations of investee [as defined in clause (i) of
Explanation 2 to clause (23FE) of section 10 of the Act] but the monitoring mechanism to protect the
investment with the investee including the right to appoint directors or executive director shall not be
considered as participation in the day to day operations of the investee.
2.
Violation of any of the conditions as stipulated in the said clause (23FE) of section 10 of the Act and this
notification shall render the assessee ineligible for the tax exemption.
3.
This notification shall come into force from the date of its publication in the Official Gazette.
ANNEXURE
Audit report to be filed by the Sovereign Wealth Fund claiming exemption under clause (23FE) of section 10 of
the Income -tax Act, 1961
Part I
*I/we report that the statutory audit of M/s. ………...........…………………. (Name and address of the
assessee with Permanent Account Number or Aadhaar Number), the particulars of which are given in Part II was
conducted by *me/ us/ M/s. …………………………………………..………. as per the requirement under the
Notification No …../…… dated ……… published in the Official Gazette on ……....
2.
In *my/ our opinion and to the best of *my/ our information and according to examination of books of
account including other relevant documents and explanations given to *me/us, it is certified that the assessee *has/ has
not complied with the conditions as laid down under clause (23FE) of section 10 of the Act and those provided in the
said notification specifying the assessee being the Sovereign Wealth Fund as specified person for the purposes of
claiming exemption under the said clause (23FE).
2.1
*The conditions not complied with by the assessee are as under:-
(a) …………………………….…………………………….………………………………
(b) …………………………….…………………………….………………………………
3.
In *my/our opinion and to the best of *my/ our information and according to examination of books of
account including other relevant documents and explanations given to *me/us, the particulars given in the Part II are
true and correct subject to the following observations/qualifications, if any, namely:-
(a) …………………………….…………………………….………………………………
(b) …………………………….…………………………….………………………………
[भाग II—खण् ड 3(ii)]
भारत का रािपत्र : असाधारण
9
Part II
1. Name of the Assessee
:
2. PAN/ AADHAAR
:
3. Previous Year
:
4. Total Income of the Assessee during the previous year
5. Total amount of income eligible for exemption under clause
(23FE) of section 10 of the Act (as per details in column 11 of
table
at item no.6) :
6. The opening balance (i.e. the closing balance as on the last date of the preceding financial year) of the
investment made which is eligible for exemption under clause (23FE) of section 10 is ______________(in
rupees) and details of the investment by the Sovereign Wealth Fund (SWF) during the period are as under:
Sl
No
Date of
investment
Amount of
investment
Nature
of
investment
(Instruction
4)
Nature of
income
(instruction
5)
Amount of
income on
investment
during the
year
Details of the entity in which Investment
made
Amount of income
which is eligible
for exemption
under clause
(23FE) of section
10 (Attach
calculation sheet
as per relevant
rules)
Nature of
entity
(instruction
6)
Name
PAN
In case if
nature of
entity code
is 3/4/5,
whether the
entity has
made
minimum
investment
of 50 or75 or
90 percent
as required
in item (c) or
(d) or (e) of
sub-clause
(iii) of
clause
(23FE) of
section 10
(Attach
calculation
sheet as per
relevant
rules)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
1.
2.
Total
7.*the SWF has not sold any of the investments made for the purposes of exemption under clause (23FE) of section
10 of the Act before the expiry of three years from the date on which the investment was made in respect of the said
exemption/the SWF has sold certain investments made for the purposes of exemption under clause (23FE) of section
10 of the Act before the expiry of three years from the date on which the investment was made in respect of the said
exemption, the details of which are as under:
Sl
No
Date of
investment
Nature
of investment
(Instruction 4)
Nature of
income
(instruction 5)
Amount of
income on
investment
during the
year
Details of the entity in which Investment
made
Date of
sale
Nature of entity
(instruction 7)
Name
PAN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
1.
2.
Total
10
THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(ii)]
8. The SWF satisfies all the conditions required for the purposes of exemption under clause (23FE) of section 10 of
the Act, that is, -
a)
Whether the government of foreign country wholly owns and controls the SWF, directly or
indirectly
Yes/No
b)
Mention the name of the government of foreign country which owns and controls the SWF,
directly or indirectly
c)
Whether the government of foreign country owns and controls the SWF, directly or indirectly
Directly/
Indirectly
d)
In case if government of foreign country owns and controls the SWF, indirectly give details of
the chain of ownership
e)
Name of the law under which the SWF is set up and regulated
f)
Whether the earnings of the said fund are credited either to the account of the Government of
that foreign country or to any other account designated by that Government so that no portion
of the earnings inures any benefit to any private person barring any payment made to creditors
or depositors for loan taken or borrowing for the purposes other than for making investment in
India.
Yes/No
g)
Whether the asset of the said fund vests in the Government of such foreign country upon
dissolution barring any payment made to creditors or depositors for loan taken or borrowing
for the purposes other than for making investment in India.
Yes/No
h)
If answer to (f) or (g) is No, then provide the following details:
i.
Name of such private person
ii. Amount of benefit provided during the year
i)
Whether it participates in the day to day operations of any of the investee, as defined in
Explanation 2 to clause (23FE) of section 10, barring any monitoring mechanism to protect
the investment with the investee including the right to appoint directors or executive director
Yes/No
j)
If answer to (i) is yes, then provide the following details:
i.
Name of such investee
ii. PAN of the investee
iii. Amount of investment in such investee at the end of the year
k)
Whether it has complied with the requirement of intimation of the details of investment made
by it in India in Form No II issued vide circular No 15/2020 dated 22.07.2020
Yes/No
l)
Whether it has loans or borrowings, as defined in Explanation 2 to clause (23FE) of section
10, directly or indirectly, for the purposes of making investment in India
Yes/No
m)
If answer to (l) is yes, then provide the following details:
i.
Name of the person from whom such loan or borrowing has been taken
ii. Amount of loan or borrowing at the beginning of the year
iii. Amount of loan or borrowing received during the year
iv. Amount of loan or borrowing repaid during the year
v. Amount of loan or borrowing at the end of the year
n)
Whether separate segmented account is maintained for income and investment in respect of
investment which qualifies for exemption under clause (23FE) of section 10 of the Act
Yes/No
Place: ……………
Date: ……………
**(Signature and stamp/ Seal of the signatory)
Name of the signatory …………………
Full address ……………………………
Membership No………………………
UDIN………………………………..
[भाग II—खण् ड 3(ii)]
भारत का रािपत्र : असाधारण
11
Instructions: 1. *Delete whichever is not applicable.
2. †This certificate is to be given by an accountant as defined in the Explanation below sub-section (2) of section 288
of the Act.
3.^ An “investee” shall have the same meaning as in clause (i) to Explanation 2 to clause (23FE) of section 10 of the
Income-tax Act, 1961 and “Loan and borrowing” shall have the same meaning as in sub-clause (a) of clause (ii) of
Explanation 2 to clause (23FE) of section 10 of the Income-tax Act, 1961.”.
4.
One of the following codes is to be selected:
Nature of Investment
Code
Debt
1
Equity
2
Preference Shares
3
Others (Please specify)
4
5.
One of the following codes is to be selected:
Nature of Income
Code
Interest
1
Dividend
2
Capital Gains
3
Others
4
6.
One of the following codes is to be selected:
Nature of entity in which investment is made
Code
Business Trust referred to in item (a) of sub-clause (iii) of clause (23FE) of section 10 of the Act
1
Company or enterprise or entity referred to in item (b) of sub-clause (iii) of clause (23FE) of section 10 of
the Act
2
Alternative Investment Fund referred to in item (c) of sub-clause (iii) of clause (23FE) of section 10 of the
Act
3
Domestic company referred to in item (d) of sub-clause (iii) of clause (23FE) of section 10 of the Act
4
Infrastructure Finance Company/Infrastructure Debt Fund-NBFC referred to in item (e) of sub-clause (iii)
of clause (23FE) of section 10 of the Act
5
[Notification No. 63/2021/ F. No. 370142/37/2020-TPL]
KAMLESH CHANDRA VARSHNEY, Jt. Secy. (Tax Policy and Legislation Division)
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
