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TypeBare Act JurisdictionCentral Government

Finance Act, 2003 Section 5

AMENDMENT OF SECTION 9 In section 9 of the Income tax Act-, in sub-section

~2 min read
https://sooperkanoon.com/act/250367

Bare act section · Research

About this section

Finance Act, 2003 Section 5 is part of Finance Act, 2003 - AMENDMENT OF SECTION 9 In section 9 of the Income tax Act-, in sub-section. Read the section text below and explore Indian court judgments that cite it.

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Section Text

1), in clause (i), the existing Explanation shall be numbered as Explanation 1 thereof and after Explanation 1 as so numbered, the following Explanations shall be inserted with effect from the 1st day of April, 2004, namely:- Explanation 2 .-For the removal of doubts, it is hereby declared that 'business connection" shall include any business activity carried out through a person who, acting on behalf of the nonresident,- (a) has and habitually exercises in India, an authority to conclude contracts on behalf of the non-resident, unless his activities are limited to the purchase of goods or merchandise for the non-resident; or (b) has no such authority, but habitually maintains in India a stock of goods or merchandise from which he regularly delivers goods or merchandise on behalf of the non-resident; or (c) habitually secures orders in India, mainly or wholly for the non - resident or for that non-resident and other non-residents controlling, controlled by, or subject to the same common control, as that non- resident: Provided that such business connection shall not include any business activity carried out through a broker, general commission agent or any other agent having an independent status, if such broker, general commission agent or any other agent having an independent status is acting in the ordinary course of his business : Provided further that where such broker, general commission agent or any other agent works mainly or wholly on behalf of a non-resident (hereafterin this proviso referred to as the principal non -resident) or on behalf of such non-resident and other non-residents which are controlled by the principal non-resident or have a controlling interest in the principle non-resident or are subject to the same common control as the principal non-resident, he shall not be deemed to be a broker, general commission agent or an agent of an independent status. Explanation 3.- Where a business is carried on in India through a person referred to in clause (a) or clause (b) or clause (c) of Explanation 2, only so much of income as is attributable to the operations carried out in India shall be deemed to accrue or arise in India.'

Frequently asked questions

What does Finance Act, 2003 Section 5 provide?

Section Section 5 of the Finance Act, 2003 (AMENDMENT OF SECTION 9 In section 9 of the Income tax Act-, in sub-section) is reproduced on this page as part of the Finance Act, 2003. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Finance Act, 2003 Section 5?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Finance Act, 2003 Section 5. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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