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ITA 1961 → DTC 2025PGBP

Section 44DA Section 56

Special provision for computing income by way of royalties, etc., in case of non-residents

RetainedCritical - The dividing line between passive income and active business income for MNCs.

Quick Answer

Section 44DA of the Income Tax Act, 1961 (Special provision for computing income by way of royalties, etc., in case of non-residents) corresponds to Section 56 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective 1st April 2026. Status: Retained.

Old Law (ITA 1961)Ch: IV-D

Sec 44DA

Provision Summary

If a non-resident earns royalty or FTS connected to a Permanent Establishment (PE) in India, it is taxed as Business Income (PGBP) rather than at flat special rates.

New Law (DTC 2025)Ch: VI

Sec 56

Provision Summary

Retained. Ensures that foreign companies with a physical/digital presence in India cannot exploit lower treaty rates meant for passive income.

Key Changes & Highlights

  • Definition of PE actively aligns with new digital presence rules.

Related Sections

Frequently Asked Questions

What does Section 44DA of the Income Tax Act 1961 deal with?

Section 44DA (Special provision for computing income by way of royalties, etc., in case of non-residents) If a non-resident earns royalty or FTS connected to a Permanent Establishment (PE) in India, it is taxed as Business Income (PGBP) rather than at flat special rates.

What is the new section number for Section 44DA under the Direct Tax Code 2025?

Section 44DA of the ITA 1961 maps to Section 56 of the Direct Tax Code 2025 (Income-tax Act, 2025), effective from 1st April 2026.

What is the status of Section 44DA under the new tax code?

Section 44DA is marked as "Retained" with status "Active". Impact: Critical - The dividing line between passive income and active business income for MNCs.

What are the key changes to Section 44DA under DTC 2025?

Definition of PE actively aligns with new digital presence rules.

Disclaimer: This page is for educational and reference purposes only. Section mappings are based on publicly available drafts and circulars. Always consult a qualified Chartered Accountant before filing or making compliance decisions under the Direct Tax Code 2025.

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