§ 212
Chapter XIII — Determination Of Tax In Special Cases

Interpretation

Income-tax Act, 2025

This section defines key terms related to foreign exchange assets and non-resident Indians for tax purposes. It explains what constitutes a foreign exchange asset, investment income, and long-term capital gains. Key terms include:

  • foreign exchange asset
  • investment income
  • long-term capital gains
  • non-resident Indian
  • specified asset
These definitions are crucial for computing the total income of non-residents.

📜 Official text of the section +
212. In sections 213 to 218,— ( a) “foreign exchange asset” means any specified asset which the assessee has acquired or purchased with, or subscribed to in, convertible foreign exchange; ( b) “investment income” means any income derived from a foreign exchange asset; ( c) “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; ( d) “non-resident Indian” means an individual, who is not a resident and is— ( i) a citizen of India; or (ii) a person of Indian origin; ( e) “specified asset” means any of the following assets:— ( i) shares in an Indian company; or ( ii) debentures issued by an Indian company which is not a private company as defined in the Companies Act, 2013 (18 of 2013); or ( iii) deposits with an Indian company which is not a private company as defined in the Companies Act, 2013 (18 of 2013); or ( iv) any security of the Central Government as defined in section 2( f) of the Government Securities Act, 2006 (38 of 2006); or ( v) such other assets as the Central Government may specify in this behalf by notification. Special provision for computation of total income of non-residents.

Plain-language summary — not the official text. Refer to the bare Act and confirm with a professional for your specific case.