Recent amendment, as per Notification No. 49/2023-Income Tax, pertains to the definition of an investment fund under the Income Tax Act. The amendment provides clarification on the criteria for funds established or incorporated in India and regulated under SEBI (Securities and Exchange Board of India) or IFSCA (International Financial Services Centres Authority) regulations.
The amendment modifies the notification issued by the Government of India, Ministry of Finance, in July 2019. It specifically focuses on the Explanation clause within the notification, providing a revised definition of an “investment fund” for the purposes of the paragraph. The amended definition encompasses funds established or incorporated in India in the form of a trust, company, limited liability partnership, or body corporate. Such funds must hold a certificate of registration as a Category I or Category II Alternative Investment Fund and be regulated under the SEBI (Alternative Investment Funds) Regulations, 2012, or the IFSCA (Fund Management) Regulations, 2022.
Conclusion: The Ministry of Finance, Department of Revenue, Central Board of Direct Taxes has issued an amendment regarding the definition of an investment fund under the Income Tax Act. The amendment clarifies the criteria for funds established or incorporated in India and regulated under SEBI or IFSCA regulations. It provides a revised explanation for the purposes of the paragraph, ensuring a clear understanding of the scope and eligibility of investment funds.
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
Notification No. 49/2023-Income Tax | Dated: 14th July, 2023
S.O. 3147(E).— In exercise of the powers conferred by sub-section (1C) of section 139 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby makes the following amendment in the notification of the Government of India, Ministry of Finance, (Department of Revenue), Number 55/2019, dated the 26th July, 2019, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 2672(E), dated 26th July, 2019, namely:-
In the said notification, – Clause (a) of the Explanation to first para is substituted as under:
“Explanation:- For the purposes of this paragraph,-
a. “investment fund” means any fund established or incorporated in India in the form of a trust or a company or a limited liability partnership or a body corporate which has been granted a certificate of registration as a Category I or a Category II Alternative Investment Fund and is regulated under the Securities and Exchange Board of India (Alternative Investment Funds) Regulations, 2012, made under the Securities and Exchange Board of India Act, 1992 (15 of 1992) or regulated under the International Financial Services Centres Authority (Fund Management) Regulations, 2022 made under the International Financial Services Centres Authority Act, 2019 (50 of 2019);”
2. This notification shall come into force with effect from the date of its publication in the Official Gazette.
[Notification No. 49/2023/F. No.225/79/2019-ITA-II)]
CASTRO JAYAPRAKASH. T, Under Secy.
Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (ii), vide number S.O. 2672(E), dated 26th July, 2019.
