ELECTIVE PAPER 6C: INTERNATIONAL TAXATION

STATUTORY UPDATE FOR MAY, 2022 EXAMINATION

Chapter 2: Non-resident Taxation

Clarification relating to eligibility of exemption under section 10(23FE) in respect of specified

funds having “indirect” loans and borrowings [CBDT Circular No.19/2021 dated 26.10.2021]
Section 10(23FE) of the Income-tax Act, 1961 provides for exemption to sovereign wealth funds and pension
funds (specified funds) on their income in the nature of dividend, interest and long -term capital gains arising
from investment in infrastructure in India made between 1.4.2020 and 31.3.2024, subject to fulfilment of certain
conditions.
The seventh proviso to section 10(23FE) provides that i n case a sovereign wealth fund or pension fund
has loans or borrowings, directly or indirectly, for the purposes of making investment in India, such fund shall
be deemed to be not eligible for exemption under section 10(23FE).
In order to address the concern with regard to the term “indirect borrowings” which have not been defined in the
section and the consequent eligibility or otherwise of the exemption to the specified fund, where the loan and
borrowings have been taken by the specified fund or its holding or any other entity in the chain of holding or any
associate thereof, the CBDT has, vide Circular No. 19/2021 dated 26.10.2021, issued the guidelines and
clarified the following:
- if the loans and borrowings have been taken by the specified fund or any of its group concern,
specifically for the purposes of making investment by the specified fund in India, such fund shall not be
eligible for exemption under section 10(23FE); and
- if the loans and borrowings have been taken by the specified fund or any of its group concern, not
specifically for the purposes of making investment in India, it shall not be presumed that the investment
in India has been made out of such loans and borrowings and such specified fund shall be elig ible for
exemption under section 10(23FE), subject to the fulfilment of all other stipulated conditions, provided
that the source of the investment in India is not from such loans and borrowings.

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