163. (1) For the purposes of this Act, “agent”, in relation to a non- resident, includes any person in India\u2014<\/p>\n
(a) who is employed by or on behalf of the non-resident; or<\/p>\n
(b) who has any business connection with the non-resident; or<\/p>\n
(c) from or through whom the non-resident is in receipt of any income, whether directly or indirectly; or<\/p>\n
(d) who is the trustee of the non-resident;<\/p>\n
and includes also any other person who, whether a resident or non-resident, has acquired by means of a transfer, a capital asset in India :<\/p>\n
Provided that a broker in India who, in respect of any transactions, does not deal directly with or on behalf of a non-resident principal but deals with or through a non-resident broker shall not be deemed to be an agent under this section in respect of such transactions, if the following conditions are fulfilled, namely:\u2014<\/p>\n
(i) the transactions are carried on in the ordinary course of business through the first-mentioned broker; and<\/p>\n
(ii) the non-resident broker is carrying on such transactions in the ordinary course of his business and not as a principal.<\/p>\n
Explanation.\u2014For the purposes of this sub-section, the expression “business connection” shall have the meaning assigned to it in Explanation 2 to clause (i) of sub-section (1) of section 9 of this Act.<\/p>\n
(2) No person shall be treated as the agent of a non-resident unless he has had an opportunity of being heard by the Assessing Officer as to his liability to be treated as such.<\/p>\n","protected":false},"excerpt":{"rendered":"
163. (1) For the purposes of this Act, “agent”, in relation to a non- resident, [\u2026]<\/span><\/p>\n","protected":false},"author":68,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4435,446],"tags":[],"yst_prominent_words":[450,4475,4474,1121,4473,4477,4479,828,2637,584,4472,4478,4471,1363,4476,482,458,906,2917,3106],"_links":{"self":[{"href":"https:\/\/www.hostbooks.com\/in\/hb\/wp-json\/wp\/v2\/posts\/4260"}],"collection":[{"href":"https:\/\/www.hostbooks.com\/in\/hb\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.hostbooks.com\/in\/hb\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.hostbooks.com\/in\/hb\/wp-json\/wp\/v2\/users\/68"}],"replies":[{"embeddable":true,"href":"https:\/\/www.hostbooks.com\/in\/hb\/wp-json\/wp\/v2\/comments?post=4260"}],"version-history":[{"count":0,"href":"https:\/\/www.hostbooks.com\/in\/hb\/wp-json\/wp\/v2\/posts\/4260\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.hostbooks.com\/in\/hb\/wp-json\/wp\/v2\/media?parent=4260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.hostbooks.com\/in\/hb\/wp-json\/wp\/v2\/categories?post=4260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.hostbooks.com\/in\/hb\/wp-json\/wp\/v2\/tags?post=4260"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.hostbooks.com\/in\/hb\/wp-json\/wp\/v2\/yst_prominent_words?post=4260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}