Rule 10VB — the law in short
What the courts have decided on section Rule 10VB, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.
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Statutory position — section 9A(5) and rule 10VB: the fund's annual statement in Form 3CEK, due ninety days after the financial year
CBDT Circulars & InstructionsCuts both ways
The offshore fund I advise has no Indian income and files no return here. Does it still have to file anything because it uses an Indian fund manager?
Yes. Section 9A(5) requires every eligible investment fund, in respect of its activities in a financial year, to furnish within ninety days from the end of that financial year a statement in the prescribed form to the prescribed income-tax authority, containing information relating to the fulfilment of the conditions specified in section 9A and such other relevant information or documents as may be prescribed. Rule 10VB prescribes Form No. 3CEK, to be furnished electronically under digital signature to the Assessing Officer who has jurisdiction over the fund, or who would have had jurisdiction had the fund been assessable to tax in India but for section 9A.
Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.