MINISTRY OF FINANCE

(Department of Revenue)

(CENTRAL BOARD OF DIRECT TAXES)

NOTIFICATION

New Delhi, the 3rd August, 2021

(INCOME-TAX)

S.O. 3114(E).—In exercise of powers conferred by sub-clause (iv) of clause (c) 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 pension fund, namely, the 2726247 Ontario Inc.,
(hereinafter referred to as ―the assessee‖) as the specified person for the purposes of the said clause in
respect of the eligible 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 fulfillment 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 furnish along with such return a certificate in Form No. 10BBC in respect of
compliance to the provisions of clause (23FE) of section 10, during the financial year, from an
accountant as defined in the Explanation below sub-section (2) of section 288, as per the
provisions of clause (vi) of rule 2DB of the Income –tax Rules, 1962;

(iii) the assessee shall intimate the details in respect of each investment made by it in India during the
quarter within one month from the end of the quarter in Form No. 10BBB, as per the provisions
of clause (v) of rule 2DB of the Income-tax Rules, 1962;

(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 regulated under the law of the Government of Ontario, Canada;

(vi) the assessee shall be responsible for administering or investing the assets for meeting the
statutory obligations and defined contributions of one or more funds or plans established for
providing retirement, social security, employment, disability, death benefits or any similar
compensation to the participants or beneficiaries of such funds or plans, as the case may be;

(vii) not more than ten per cent. of the total value of the assets administered or invested by the assesse
are allowed for the purpose other than the purpose listed at clause (vi) provided such assets are
wholly owned directly or indirectly by the Government of Ontario, Canada and such assets vest
in the Government of Ontario, Canada upon dissolution;

(viii) the earnings and assets of the assessee should be used only for meeting statutory obligations and
defined contributions for participants or beneficiaries of funds or plans referred to in clause (vi)
and no portion of the earnings or assets of the pension fund inures any benefit to any other
private person; barring any payment made to creditors or depositors for loan or borrowing [as
defined in sub-clause (b) of clause (ii) of Explanation 2 to clause (23FE) of section 10 of the
Act] taken for the purposes other than for making investment in India;

(ix) the earning from assets referred to in clause (vii) may be used for purpose other than the purpose
listed as in clause (viiii) provided that the said earnings are credited either to the account of
Government of Ontario, Canada or any other account designated by such Government so that no
portion of the earnings inures any benefit to any private person;

(x) the assessee shall not have any loans or borrowings [as defined in sub-clause (b) 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;
4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

(xi) 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 the 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.

2. Violation of any of the conditions as stipulated in the 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.

[Notification No. 84/2021/ F. No. 370142/13/2021-TPL (Part- 1)]
VIPUL AGARWAL, Director (Tax Policy and Legislation Division)

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.