1159. Whether non-deduction of tax is only in respect of interest credited to Non-resident (External) Account and not to all types of non-resident accounts
1. Attention is invited to the Board’s Circular Letter F.No. 12/29/65-IT(B), dated 1-6-1965 [Annex] instructing that there should be no deduction of tax at source from interest income credited to the account of any non-resident. This instruction was issued on the basis of the provisions of section 10(4A) as introduced from April 1, 1965 which exempted from tax interest falling within this category.
2. With the amendment of section 10(4A) by the Finance Act, 1968, the position has materially changed. The amendment, which is effective from April 1, 1969 has substituted the words “Non-resident (External) Account” for the words “Non-resident Account”. The change means that the exemption from tax, will now be available only in respect of a particular type of non-resident account designated as “Non-resident (External) Account”, which has been defined in accordance with the Foreign Exchange Regulation Act, 1947, and the rules made thereunder.
3. The Ministry of Finance, Department of Economic Affairs issued a Notification, dated 10-2-1970, defining the scope of the term “Non-resident (External) Account” [See Non-resident (External) Accounts Rules, 1970—vide  77 ITR (St.) 1]. A copy of the Notification was forwarded to the Commissioners of Income-tax with the Board’s Circular F.No. 1(10)/69-TPL, dated 2-4-1970.
4. In view of the amendment of section 10(4A) with effect from April 1, 1969 the instructions regarding the non-deduction of tax at source will apply only to interest credited to Non-resident (External) Accounts and not to all types of non-resident accounts.
5. A general question whether tax is deductible at source under the provisions of section 192, 193, 194, 194A or 195, from any income which is exempt from tax under section 10, is under the Board’s consideration. As soon as a decision is reached on this question necessary instructions will be issued.
Circular: No. 43 [F.No. 12/98/69-ITJ], dated 20-6-1970.
ANNEX – CIRCULAR, DATED 1-6-1965 REFERRED TO IN CLARIFICATION
1. A question has been raised whether interest accruing in a “non-resident account” on the money transferred from abroad through recognised banking channels and invested in any bank in India will be exempt from tax?
2. In this connection, it is clarified that in the case of a non-resident, any income from interest on moneys standing to his credit in a non-resident account in any bank in India in accordance with the Foreign Exchange Regulation Act, 1947 and any rules made thereunder, will not be included in the total income in view of section 6(i ) of the Finance Bill, 1965. As such no tax is to be deducted at source from such interest with effect from April 1, 1965.