Income attributable to assets located in India under section 9 of the Income-tax Act, 1961
Form 3CT belongs to the regime of the Income-tax Act, 1961. The same ground is now covered by Form 4 of the Income-tax Rules, 2026. It is a prescribed form, which means the Act or the Rules require this shape and no other. The assessee signs and files this himself.
| What the description names | Where it sits now |
|---|---|
| section 9 of the 1961 Act | section 9 |
Rules of the 2026 Rules that work the same section. rule 274 (Procedure for investment fund for availing benefit under section), rule 275 (Approval of the investment fund at its option for purposes of section), rule 276 (Statement to be furnished by eligible investment fund under section). This is our own matching — we have paired the section the form names with the rules whose headings name that same section. The department has not said that any of these rules prescribes this form.
| Under the 2026 Rules | What the department calls it |
|---|---|
| Form 4 | Income attributable to assets located in India under section 9(10)(a) |
You meet it when money, a related party or a permanent establishment sits on the other side of a border. It usually has to be in place before the transaction, not after it, and the department reads it against the treaty as well as the Act.
I hold a Mauritius TRC. Can the department still deny me treaty relief on the capital gains?
We outsource back-office work to our Indian subsidiary. Does that give us a permanent establishment in India?
A foreign professional worked on our matter in India but we neither briefed him nor paid him. Can we be treated as his agent and made liable for his tax?
A foreign barrister argued our client's case in India. We never briefed him or agreed to pay him. Can we be treated as his agent and taxed on his fees?
We pay interconnect and port charges to another telecom operator — is that fees for technical services on which we must deduct tax under section 194J?
The TDS officer says I under-deducted under s.192. If my estimate was made honestly, does that answer the demand, the interest and the penalty?
Form 3CEAA, Form 3CEAB, Form 3CEAC, Form 3CEAD, Form 3CEAE, Form 3CEB, Form 3CEC, Form 3CED, Form 3CEDA, Form 3CEEA, Form 3CEF, Form 3CEFA