Rule 139 - Computation of exempt income of specified fund attributable to units held by non-residents

Computation of exempt income of specified fund attributable to units held by non-resident under Schedule VI [Table: Sl. Nos. 1 to 4] to Act. 139. (1) For the purposes of Schedule VI [Table: Sl. Nos. 1 to 4] to the Act, exempt income of a specified fund attributable to units held by a non-resident (not being the permanent establishment of a non-resident in India) shall be computed in accordance with the formula: (A x r1) + (B x r2) + (C x r3) + (D x r4), where— A = any income accrued or arisen to, or received by, a specified fund as a result of transfer of a capital asset referred to in section 70(1)(r), on a recognised stock exchange located in any International Financial Services Centre and where the consideration for such transaction is paid or payable in convertible foreign exchange, as referred to in Schedule VI [Table: Sl. No. 1] to the Act; B = any income accrued or arisen to, or received by, a specified fund as a result of transfer of securities (other than shares in a company resident in India), as referred to in Schedule VI [Table: Sl. No. 2] to the Act; C = any income accrued or arisen to, or received by, a specified fund from securities issued by a non-resident (not being a permanent establishment of a non-resident in India) and where such income otherwise does not accrue or arise in India, as referred to in Schedule VI [Table: Sl. No. 3] to the Act; D = any income accrued or arisen to, or received by, a specified fund from a securitisation trust which is chargeable under the head "Profits and gains of business or profession", as referred to in Schedule VI [Table: Sl. No. 4] to the Act; r1 = ratio of the aggregate of daily "assets under management" of the specified fund held by non-resident unit holders (not being the permanent establishment of a non-resident in India) to the aggregate of daily total "assets under management" of the specified fund, from the date of acquisition of the capital asset referred to in section 70(1)(r) to the date of transfer of such capital asset; r2 = the corresponding ratio computed for the security (other than shares in a company resident in India), from the date of acquisition to the date of transfer of such security; r3 = ratio of the "assets under management" in the specified fund held by non-resident unit holders (not being the permanent establishment of a non-resident in India) to the total "assets under management" of the specified fund, as on the date of receipt of the income described in C above; and r4 = the corresponding ratio, as on the date of receipt of the income described in D above. (2) The specified fund shall furnish an annual statement of exempt income in Form No. 68 electronically under digital signature on or before the due date specified under section 263(1)(c), duly verified in the manner indicated therein. (3) The income attributable to units held by a non-resident (not being the permanent establishment of a non-resident in India) in a specified fund shall not be exempt under section 11(1) read with Schedule VI [Table: Sl. Nos. 1 to 4] to the Act unless the specified fund complies with sub-rule (2). (4) For the purposes of this rule— (a) "assets under management" means the closing balance of the value of assets or investments of the specified fund as on a particular date; (b) "International Financial Services Centre" shall have the same meaning as assigned to it in section 2(q) of the Special Economic Zones Act, 2005 (28 of 2005); and (c) the expressions "permanent establishment", "securities", "specified fund" and "unit" shall have the meanings respectively assigned to them in Note 1 below Schedule VI of the Act.