Infrastructure sub-sectors business – section 10(23FE) exemption

CBDT specifies business, for the purposes of section 10(23FE)(iii)(b), to be the business which is engaged in the infrastructure sub-sectors mentioned in Updated Harmonised Master List of Infrastructure Sub-sectors vide Notification No. 44/2020- Income Tax dated 6th July, 2020.

Section 10 (23FE) provides for exemption to specified income of certain entities including notified SWF & PF from investment in specified infrastructure sectors.

CBDT widens the definition of infrastructure u/s10(23FE) to align it with Harmonised List of Infrastructure notified by DEA. This will encourage investment from certain entities incl. notified Sovereign Wealth Funds & Pension Funds in wide range of infrastructure as per the List.

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 6 th July, 2020
INCOME – TAX

S.O. 2227E).—In exercise of the powers conferred by item (b) of sub-clause (iii) of clause (23FE) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby specifies business, for the purposes of said item (b), to be the business which is engaged in the infrastructure sub-sectors mentioned in Updated Harmonised Master List of Infrastructure Sub-sectors in the notification of the Government of India in the Ministry of Finance, Department of Economic Affairs, published in Gazette of India, Extraordinary, vide number, F.No.13/3/2017-INF dated 13th August, 2018.

2. The reference to the infrastructure sub-sectors in the said Harmonised Master List of Infrastructure Sub-sectors shall not include the business already provided in the said item (b).

3. This notification shall come into force from the 1st day of April, 2021 and shall be applicable for assessment year 2021-22 and subsequent assessment years.

[Notification No. 44/2020/F. No. 370142/24/2020-TPL]
NEHA SAHAY, Under Secy.
(Tax Policy and Legislation Division)