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ITA 1961 → ITA 2025Basis of Charge

Section 9 Section 9

Income deemed to accrue or arise in India

RetainedCritical - The core of India's International Taxation framework.

Quick Answer

Section 9 of the Income Tax Act, 1961 (Income deemed to accrue or arise in India) corresponds to Section 9 of the Income-tax Act, 2025, effective 1st April 2026. Status: Retained.

What changed for Section 9

The starting point is Section 9 of the Income Tax Act, 1961 — income deemed to accrue or arise in india. Taxes income connected to an Indian business connection, property in India, or royalty/FTS paid by an Indian resident.

The new code maps this to Section 9: the provision is retained and renumbered as Section 9 of the Income-tax Act, 2025, applying from 1st April 2026. Significantly updated to cover Significant Economic Presence (SEP) for digital companies operating in India without a physical office.

On the ground, changes to Section 9 carry a Critical impact. The core of India's International Taxation framework.

Old Law (ITA 1961)Ch: II

Sec 9

Provision Summary

Taxes income connected to an Indian business connection, property in India, or royalty/FTS paid by an Indian resident.

New Law (ITA 2025)Ch: II

Sec 9

Provision Summary

Significantly updated to cover Significant Economic Presence (SEP) for digital companies operating in India without a physical office.

Key Changes & Highlights

  • Digital user thresholds defined tightly to tax foreign tech giants.

Related Sections

Frequently Asked Questions

What does Section 9 of the Income Tax Act 1961 deal with?

Section 9 of the Income Tax Act, 1961 covers income deemed to accrue or arise in india. Taxes income connected to an Indian business connection, property in India, or royalty/FTS paid by an Indian resident.

Where does Section 9 of the ITA 1961 go under the Income-tax Act, 2025?

Section 9 of the Income Tax Act, 1961 maps to Section 9 of the Income-tax Act, 2025, effective 1st April 2026 (status: Retained). Significantly updated to cover Significant Economic Presence (SEP) for digital companies operating in India without a physical office.

Why does the change to Section 9 matter for taxpayers?

The transition impact for Section 9 is rated Critical. The core of India's International Taxation framework.

What are the key changes to Section 9 under the Income-tax Act, 2025?

Digital user thresholds defined tightly to tax foreign tech giants. These points are specific to Section 9 (Income deemed to accrue or arise in India).

Disclaimer: This mapping of Section 9 (Income deemed to accrue or arise in India) to Section 9 of the Income-tax Act, 2025 is for educational and reference purposes only, based on publicly available drafts and circulars. As Section 9 is currently marked Retained, always confirm its treatment with a qualified Chartered Accountant before filing or making compliance decisions.

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