S.O. 3707(E).—In exercise of powers conferred by sub-clause (vi) of clause (b) of the Explanation

1 to clause (23FE) of section 10 of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the

Act), the Central Government hereby specifies the sovereign wealth fund, namely, Qatar Holding LLC

(PAN: AAACQ3167H), (hereinafter referred to as the assessee) as the specified person for the purposes of

the said clause in respect of the investment made by it in India on or after the date of publication of this

notification in the Official Gazette but on or before the 31st day of March, 2024 (hereinafter referred to as

said investments) subject to the fulfilment of the following conditions, namely:-

(i)

the assessee shall file return of income, for all the relevant previous years falling within the period

beginning from the date in which the said investment has been made and ending on the date on

which such investment is liquidated, on or before the due date specified for furnishing the return of

income under sub-section (1) of section 139 of the Act;

(ii)

the assessee shall get its books of account audited for the previous years referred to in clause (i) by

an accountant specified in the Explanation below sub-section (2) of section 288 of the Act and

furnish the Audit Report in the format annexed as Annexure to this notification herewith at least

one month prior to the due date specified for furnishing the return of income under sub-section (1)

of section 139 of the Act;

(iii)

the assessee shall furnish a quarterly statement within one month from the end of each quarter

electronically in Form II as annexed to Circular No 15 of 2020, dated the 22nd July, 2020 with F.

No. 370142/26/2020-TPL, issued by the Ministry of Finance, Department of Revenue, Central

Board of Direct Taxes (Tax Policy and Legislation Division), in respect of each investment made

by it during the said quarter;

(iv)

the assessee shall maintain a segmented account of income and expenditure in respect of such

investment which qualifies for exemption under clause (23FE) of section 10 of the Act;

(v)

the assessee shall continue to be owned and controlled, directly or indirectly, by the Government of

Qatar, and at no point of time should any other person have any ownership or control, directly or

indirectly, in the assessee;

(vi)

the assessee shall continue to be regulated under the laws of the Government of Qatar;

(vii)

the earnings of the assessee shall be credited either to the account of the Government of Qatar or to

any other account designated by that Government so that no portion of the earnings inures any

benefit to any private person, barring any payment made to creditors or depositors for loan taken or

borrowing [as defined in sub-clause (a) of clause (ii) of Explanation 2 to clause (23FE) of section

10 of the Act] made for purposes other than for making investment in India;

(viii) the assessee shall not have any loan or borrowing [as defined in sub-clause (a) of clause (ii) of

Explanation 2 to clause (23FE) of section 10 of the Act], directly or indirectly, for the purposes of

making investment in India;

(ix)

the asset of the assessee shall vest in the Government of Qatar upon dissolution, barring any

payment made to creditors or depositors for loan taken or borrowing for purposes other than for

making investment in India; and

(x)

the assessee shall not participate in the day to day operations of investee (as defined in clause (i) of

Explanation 2 to clause (23FE) of section 10 of the Act), but any monitoring mechanism to protect

the investment with the investee, including the right to appoint directors or executive director, shall

not be considered as participation in the day-to-day operations of the investee. 8

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

2. Violation of any of the conditions as stipulated in clause (23FE) of section 10 of the Act and this

notification shall render the assessee ineligible for the tax exemption.

3. This notification shall come into force from the date of its publication in the Official Gazette.

ANNEXURE

Audit Report to be filed by the Sovereign Wealth Fund claiming exemption under of

section 10 of the Income -tax Act, 1961

Part I

*I/we report that the statutory audit of M/s. ………...........…………………. Name and address of the

assessee with Permanent Account Number or Aadhaar Number), the particulars of which are given in Part

II was conducted by *me/ us/ M/s. …………………………………………..………. as per the requirement

under the Notification No …../…… dated ……… published in the Official Gazette on ……....

2. In *my/ our opinion and to the best of *my/ our information and according to examination of books of

account including other relevant documents and explanations given to*me/us, it is certified that the

assessee *has/ has not complied with the conditions as laid down under clause (23FE) of section 10 of the

Income-tax Act, 1961 and those provided in the said notification specifying the assessee being the

Sovereign Wealth Fund as specified person for the purposes of claiming exemption under the said clause

(23FE).

2.1 *The conditions not complied with by the assessee are as under:-

(a) …………………………….…………………………….………………………………

(b) …………………………….…………………………….………………………………

3. In *my/our opinion and to the best of *my/ our information and according to examination of books of

account including other relevant documents and explanations given to *me/us, the particulars given in the

Part II are true and correct subject to the following observations/qualifications, if any, namely:-

(a) …………………………….…………………………….………………………………

(b) …………………………….…………………………….………………………………

Part II

1. Name of the Assessee

:

2. PAN/AADHAAR

:

3. Previous Year :

4. Total Income of the Assessee during the previous year :

5. Amount of income eligible for exemption under clause

(23FE) of section 10 of the Income-tax Act, 1961

(as per details in column 11 of table at item no.6)

:

6. The opening balance (i.e. the closing balance as on the last date of the preceding financial year) of

the investment made which is eligible for exemption under clause (23FE) of section 10 is

_____________(in rupees) and details of the investment by the Sovereign Wealth Fund (SWF) during the

period are as under:[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

9

Sl.

No.

Date

of

invest

ment

Amount of

investment

Nature of

investment

(Instruction

4)

Nature of

income

(Instruction

5)

Amount of

income on

investment

during the

year

Details of the entity in which

Investment made

Amount

of

income which

is eligible for

exemption

under clause

(23FE)

of

section

10

(Attach

calculation

sheet as per

relevant

rules)

Nature

of entity

(instruct

tion 6)

Name PAN In

case

nature

of

entity code

is

3/4/5,

whether

the entity

has made

minimum

investment

of 50 or75

or

90

percent as

required in

item (c) or

(d) or (e)

of

sub

clause (iii)

of

clause

(23FE) of

section 10

(Attach

calculation

sheet

as

per

relevant

rules)

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

1.

2.

Total

7.*the SWF has not sold any of the investments made for the purposes of exemption under clause

(23FE) of section 10 of the Act before the expiry of three years from the date on which the investment was

made in respect of the said exemption/the SWF has sold certain investments made for the purposes of

exemption under clause (23FE) of section 10 of the Act before the expiry of three years from the date on

which the investment was made in respect of the said exemption, the details of which are as under:

Sl. No.

Date of

investment

Nature of

investment

(Instruction 4)

Nature of

income

(Instruction

5)

Amount of

income on

investment

during the

year

Details of the entity in which

Investment made

Date of

sale

Nature of

entity

(instruction 6)

Name

PAN

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

1.

2.

Total10

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

8. The SWF satisfies all the conditions required for the purposes of exemption under clause (23FE) of

section 10 of the Act, that is, -

(a)

Whether the Government of foreign country wholly owns and controls the SWF,

directly or indirectly

Yes/No

(b)

Mention the name of the Government of foreign country which owns and controls the

SWF, directly or indirectly

(c)

Whether the Government of foreign country owns and controls the SWF, directly or

indirectly

Directly/

Indirectly

(d)

If the Government of foreign country owns and controls the SWF indirectly, give

details of the chain of ownership

(e)

Name of the law(s) under which the SWF is set up and regulated

(f)

Whether the earnings of the said fund are credited either to the account of the

Government of that foreign country or to any other account designated by that

Government so that no portion of the earnings inures any benefit to any private person,

barring any payment made to creditors or depositors for loan taken or borrowing made

for purposes other than for making investment in India.

Yes/No

(g)

Whether the asset of the said fund vests in the Government of such foreign country

upon dissolution, barring any payment made to creditors or depositors for loan taken or

borrowing made for purposes other than for making investment in India.

Yes/No

(h)

If answer to (f) or (g) is No, then provide the following details:

i.

Name of such private person

ii.

Amount of benefit provided during the year

(i)

Whether it participates in the day to day operations of any of the investee, as defined in

clause (i) of Explanation 2 to clause (23FE) of section 10, barring any monitoring

mechanism to protect the investment with the investee including the right to appoint

directors or executive director

Yes/No

(j)

If answer to (i) is yes, then provide the following details:

i.

Name of such investee

ii.

PAN of the investee

iii.

Amount of investment in such investee at the end of the year

(k)

Whether it has complied with the requirement of intimation of the details of investment

made by it in India in Form No II issued vide circular No 15/2020 dated 22.07.2020

Yes/No

(l)

Whether it has loans or borrowings, as defined in sub-clause(a) of clause (ii)

Explanation 2 to clause (23FE) of section 10 of the Act, directly or indirectly, for the

purposes of making investment in India

Yes/No

(m)

If answer to (l) is yes, then provide the following details:

(i) Name of the person from whom such loan or borrowing has been taken

(ii) Amount of loan or borrowing at the beginning of the year

(iii) Amount of loan or borrowing received during the year

(iv) Amount of loan or borrowing repaid during the year

(v) Amount of loan or borrowing at the end of the year[भाग II—खण् ड 3(ii)]

भारत का रािपत्र : असाधारण

11

(n)

Whether separate segmented account is maintained for income and investment in

respect of investment which qualifies for exemption under clause (23FE) of section 10

of the Act

Yes/No

Place: ……………

Date: ……………

**(Signature and stamp/ Seal of the signatory)

Name of the signatory ……….……………

Full address ………………………………

Membership No………..…………………

UDIN……………………………………..

Instructions: 1. *Delete whichever is not applicable.

2.** This report is to be given by an accountant as defined in the Explanation below sub-section (2) of

section 288 of the Act.

3. An “investee” shall have the same meaning as in clause (i) to Explanation 2 to clause (23FE) of section

10 of the Income-tax Act, 1961 and “loan and borrowing” shall have the same meaning as in sub-clause (a)

of clause (ii) of Explanation 2 to clause (23FE) of section 10 of the Act.

4. One of the following codes is to be selected:

Nature of Investment

Code

Debt

1

Equity

2

Preference Shares

3

Others (Please specify)

4

5. One of the following codes is to be selected:

Nature of Income

Code

Interest

1

Dividend

2

Capital Gains

3

Others

4

6. One of the following codes is to be selected:

Nature of entity in which investment is made

Code

Business Trust referred to in item (a) of sub-clause (iii) of clause (23FE) of section 10 of

the Act

1

Company or enterprise or entity referred to in item (b) of sub-clause (iii) of clause (23FE)

of section 10 of the Act

212

THE GAZETTE OF INDIA : EXTRAORDINARY

[PART II—SEC. 3(ii)]

Alternative Investment Fund referred to in item (c) of sub-clause (iii) of clause (23FE) of

section 10 of the Act

3

Domestic company referred to in item (d) of sub-clause (iii) of clause (23FE) of section 10

of the Act

4

Infrastructure Finance Company/Infrastructure Debt Fund-NBFC referred to in item (e) of

sub-clause (iii) of clause (23FE) of section 10 of the Act

5

[Notification No. 93/2022/F. No. 500/SWF3/S10(23FE)/FT&TR-II(Pt.3)]

APOORV TIWARI, Under Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.