Income-tax Act, 1961 · Chapter XIIA: Special Provions Relating to Certain Incomes of Non-Residents
Section 115C: Definitions
The Income-tax Act, 1961 was repealed by the Income-tax Act, 2025 from 1 April 2026. The text is kept here because the judgments below apply it.
In this Chapter, unless the context otherwise requires,—
(a) —convertible foreign exchange‖ means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of [the Foreign Exchange Management Act, 1999 (42 of 1999),] and any rules made thereunder;
(b) —foreign exchange asset‖ means any specified asset which the assessee has acquired or purchased with, or subscribed to in, convertible foreign exchange;
(c) —investment income‖ means any [income derived other than dividends referred to in section 115-O] from a foreign exchange asset;
(d) —long-term capital gains‖ means income chargeable under the head —Capital gains‖ relating to a capital asset, being a foreign exchange asset which is not a short-term capital asset;
(e) —non-resident Indian‖ means an individual, being a citizen of India or a person of Indian origin who is not a —resident‖.
Explanation.—A person shall be deemed to be of Indian origin if he, or either of his parents or any of his grand-parents, was born in undivided India;
(f) —specified asset‖ means any of the following assets, namely:—
(i) shares in an Indian company;
(ii) debentures issued by an Indian company which is not a private company as defined in the Companies Act, 1956 (1 of 1956);
(iii) deposits with an Indian company which is not a private company as defined in the Companies Act, 1956 (1 of 1956);
(iv) any security of the Central Government as defined in clause (2) of section 2 of the Public Debt Act, 1944 (18 of 1944);
(v) such other assets as the Central Government may specify in this behalf by notification in the Official Gazette.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 115C
No Supreme Court judgment in our database cites this section yet.