Notification No. 74/2015 — Section 10(6C) of the Income-tax Act, 1961 - Exemption - Foreign company, income arising t

What this is

Notification No. 74/2015 was published on 22 September 2015. Its subject is Section 10(6C) of the Income-tax Act, 1961 - Exemption - Foreign company, income arising to, by way of fees for technical services - Notified Foreign Companies.

This grants an exemption or a relief under a provision that allows one. Read the conditions attached: an exemption notification is construed strictly, and a condition missed is the exemption lost.

The instrument itself

The text, read by machine from the scan

This is not the department’s typed text. The department published this one as a scanned image of a signed paper, so there is no text in the file to copy. What follows was read off that image by optical character recognition and is reproduced without correction — the mistakes you can see are the machine’s, and there may be others you cannot. It is here so the document can be found and read; it is not a substitute for the file, which is linked below. Do not quote from this page.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY,
PART-II SECTION 3, SUB-SECTION (ii)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
us
New Delhi,the 22 “September, 2015
5.0. (E). - In exercise of the powers conferred by clause (6C) of section 10 of the Income -tax Act, 1961 (43 of 1961), the Central
Government hereby declares that any income arising to M/s Thales Systemes
Acroportes SAS, having its office at S.A. au capital de 81 007 176 Euros RCS
Paris B 712 042, by way of royalty or fees for technical services received in pursuance of the agreement vide General Contract No. Air HO/96102/2/ASR-
DA, dated the 29°" July, 2011 entered into between Thales Systemes
Aeroportes (“Thales ) and M/s Dassault Aviation and the Government of
India for undertaking retrofitting of fifty-one defence aircrafts connected with security of India, shall not be included in computing the total income of a previous year of the said company under the said Act.
[Notification No. Hy /2015 (F.No.200/18/2014-ITA-D]
Jif (DeepsHikha Sharma)
Director to the Government of India
The Manager
Government of India Press,
Ring Road, Mayapuri Industrial Area, (Near Rajouri Garden), New Delhi

Source: the department’s scanned file.

← Notification No. 75/2015 [F. No.142/02/2015-TPL] / SO 2604(E) · Notification 4/2015 →

What a notification is. A notification is made under a power the Act itself gives, and within that power it is law — unlike a circular, which only binds the department. Its reach is the reach of the enabling provision and no wider, and the date it carries decides from when it works.

Source: the Income Tax Department’s own published text — its page for this instrument.