Section 10(23G) — Exemption on Income from Infrastructure Capital Fund or Company

Section 10(23G) of the Income-tax Act, 1961, provided an exemption for income by way of dividends, interest, or long-term capital gains from investments made in infrastructure capital companies or funds. This section was significant as it encouraged investments in infrastructure by offering tax incentives, thereby aiding in the development of essential public utilities. The statutory test required that the investment be in a company or fund engaged in developing, maintaining, or operating infrastructure facilities. The burden of proof was on the taxpayer to demonstrate that the income qualified under the specified conditions. Although this section was omitted by the Finance Act, 2006, its historical significance lies in its role in promoting infrastructure growth through fiscal benefits.

Common Litigation Flashpoints

  1. Qualification of the company or fund as an infrastructure entity
  2. Nature of income eligible for exemption
  3. Compliance with investment conditions
  4. Interpretation of 'long-term capital gains' under this section

Judgments on Section 10(23G) — Exemption on Income from Infrastructure Capital Fund or Company