Form No. 10BBB

Intimation by Pension Fund of investment under clause (23FE) of section 10 of the Income-tax Act, 1961

Intimation by Pension Fund of investment under clause (23FE) of section 10 of the Income-tax Act, 1961

(within one month from the end of the quarter ending on 30th June, 30th September, 31st December and 31st March of the financial year)

Section 10 of the Income Tax Act deals with certain incomes which are not to be included while computing the total income of any person in the previous year.

Section 10 clause 23FE deals with exemption given to specified persons with respect to dividend, interest, long term capital gain arising from investment made in India if the investment:

  • Is in the block starting from 01.04.2020 and ending on 31.03.2024
  • Is held for atleast 3 years
  • a) Is in business trust u/s 2(13A)(i), b) company/enterprise/entity carrying infrastructure  work u/s 80IA(4)(i) explanation or such other business government may specify,  c) Category-I or Category-II Alternative Investment Fund  having 50% investment in entities in b) or d) or e) or in Infrastructure Investment Trust,   d) domestic company registered on/after 01.04.2021 and having 75% investments in entities in b),   e) NBFC registered as Infrastructure Finance Company/Infrastructure Debt Fund having 90% lending in entities referred to in b).

*Provided where the entities mentioned in c) has investment of less than 100% in entities referred to in b), d), e); income exempt under this clause will be calculated proportionately to the investment made.

**Provided in case of entities mentioned in d) has investments of less than 100% in the entities referred to in b) income exempt under this clause will be calculated proportionately to the investment made.

***Provided in case of entities referred to in e) has lending of less than 100% in entities referred to in b) income exempt under this clause will be calculated proportionately to the lending made.

Specified persons here means:

  • A wholly owned subsidiary of Abu Dhabi Investment Authority which is a resident of UAE and makes investments out of the funds owned by the Government
  • A sovereign wealth which is (i) wholly owned/controlled by government of a foreign country, (ii) set up and regulated under the law of such foreign country, (iii) earnings of the fund is credited to the Government/account designated by the government, (iv) the asset of the said fund vests in the Government of such foreign country upon dissolution, v) doesn’t participate in the day-to-day operations of the investee, (vi) its specified by notification by the Central Government in the Gazette
  • A pension fund which is (i) created under the law of foreign country including the laws made by any of its political constituents being a province, State or local body, by whatever name called; (ii)and is not liable to tax/exempted in the foreign country, (iii)satisfies such other conditions as may be prescribed in Rule 2DB, (iv) does not participate in the day to day operations of investee, (v) is specified by the Central Government, by notification in the Official Gazette, for this purpose

Other conditions to be satisfied by a pension Fund (Rule 2DB) are- 

  • It is regulated by the laws of foreign country
  • Is responsible for investing the assets for meeting the statutory obligations/defined contributions of one or more funds/plans established for providing retirement, social security, employment, disability, death benefits or any similar compensation to participants or beneficiaries of such funds or plans*

*this condition will be satisfied w.r.t assets being administered if the following conditions are satisfied:

      • – value of such assets is not more than ten per cent. of the total value of the assets administered or invested by such fund;
      • – such assets are wholly owned directly or indirectly by the Government of a foreign country
      • – such assets vests in the Government of such foreign country upon dissolution.
  • Earnings and assets of the fund are used only for meeting statutory obligations and defined contributions for participants/beneficiaries and not for the benefit of any private person.

Provided that the provisions of clause above shall not apply to any payment made to creditors or depositors for loan taken or borrowing for the purposes other than for making investment in India and to earnings from assets referred to in (ii)if they are credited to the account of foreign government/account designated by the government and not for the benefit of any private person

  • it shall intimate the details in respect of each investment made by it in India during the quarter within one month from the end of the quarter in Form No. 10BBB;
  • it shall file return of income on or before the due date mentioned in Section 139(1) and furnish a Certificate in Form no. 10BBC w.r.t. compliance of provisions of Section 10 clause 23FE during the F.Y. from an Accountant specified in Explanation to Section 288(2).

Due Dates:

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