INCOME-TAX (FIFTH AMENDMENT) RULES, 2009 - AMENDMENT IN RULE 67 - 24/2009 - Income Tax

INCOME-TAX (FIFTH AMENDMENT) RULES, 2009 - AMENDMENT IN RULE 67 NOTIFICATION NO. 24/2009, DATED 12-3-2009 In exercise of the powers conferred by sub-section (1) of section 295 of the Income-tax Act, 1961 (43 of 1961) , the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:- 1. (1) These rules may be called the Income-tax (Fifth Amendment) Rules, 2009. (2) They shall come into force with effect from the first day of April. 2009. 2. In the Income-tax Rules, 1962, in rule 67, for sub-rule (2) the following shall be substituted, namely:- "(2) The manner of investment referred to in sub-rule (1) shall be in accordance with the following Table, namely:- TABLE INVESTMENT PATTERN SI. No. Investment Maximum percentage amount to be invested in items referred to in column (2) (1) (2) (3) (i) (a) in Government securities; ( b) Other securities, as defined in section 2(h) of the Securities Contract (Regulation) Act, 1956, the principal whereof and interest whereon is fully and unconditionally guaranteed by the Central Government, or any State Government, except those covered under clause (ii)(a) below: and/or (c) units of mutual funds set up as dedicated funds for investment in Government securities and regulated by the Securities and Exchange Board of India. Fifty five per cent. (ii) (a) Debt securities with maturity of not less than three years tenure issued by Bodies Corporate, including banks and public financial institutions; (b) Term Deposit Receipts of not less than one year duration issued by scheduled commercial banks fulfilling all the following criteria: (i) it has made profit continuously for immediately preceding three years; (ii) it is maintaining a minimum Capital to Risk Weighted Assets Ratio of 9 per cent; (iii) it is having net non-performing assets of not more than 2 per cent. of the net advances; and (iv) it is having a minimum net worth of not less than rupees 200 crore; and/or (c) Rupee Bond having an outstanding maturity of at least three years issued by institutions of the International Bank for Reconstruction and Development, International Finance Corporation and the Asian Development Bank. Forty per cent (iii) Money market instruments including units of money market mutual funds Five per cent (iv) Shares of companies on which derivatives are available in Bombay Stock Exchange or National Stock Exchange or equity linked schemes of mutual funds regulated by the Securities and Exchange Board of India. Fifteen Provided that any moneys received on the maturity of investments made prior to the 1 st day of April, 2009, reduced by obligatory outgoings, shall be invested in accordance with the manner of investment specified in this sub-rule: Provided further that the investment pattern specified in this sub-rule may be achieved by the end of the previous year; so however that at no time during the year investment in any category should exceed by more than ten per cent of the limit prescribed: Provided also that, irrespective of the proportion of investments stated in clauses (i) of the said Table, exposure of a trust to any individual mutual fund, under sub-clause (c) of the said clause, which has been set up as a dedicated fund for investment in Government securities, shall not exceed five per cent of its total portfolio at any point of time: Provided also that the trustees shall invest at least 75 per cent of the amount invested under sub-clause (a) of clause (ii) of the said table in instruments having an investment grade rating from at least one credit rating agency registered under sub-section (1A) of section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992): Provided also that in the event of the rating of any instruments mentioned in this sub-rule for being rated and their rating falling below the investment grade, as certified by one credit rating agencies registered under sub-section (1A) of section 12 of the Securities and Exchange Board of India Act, 1992 (15 of 1992), then the option of exit from such instruments can be exercised and the released funds shall be invested in accordance with the manner provided in the Table of this sub-rule: Provided also that the turnover ratio, being the value of securities traded in the year divided by the average value of the portfolio at beginning of the year and the end of the year, should not exceed two. Explanation I.- The manner of investment specified in this sub-rule shall apply to the aggregate amount of investible moneys with the fund in the previous year. Explanation 2.- For the purposes of this sub-rule,- (i) the expression "Government securities" shall have the meaning assigned to in clause (b) of section 2 of the Securities Contracts (Regulation) Act, 1956: (ii) the expression "public financial institutions" shall have the meaning assigned to it in section 4A of the Companies Act, 1956 (1 of 1956); (iii) the expression "public sector company" shall have the meaning assigned to it in clause (36A) of section 2 of the Income-tax Act; (iv) the expression "public sector bank" shall have the meaning assigned to it in clause (23D) of section 10 of the Income-tax Act; and (v) the expression "securities" shall have the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956.". [Notification No. 24. F. No. 142/13/2008-TPL] Note : The principle rules were published vide Notification No. S.O. 969 dated the 26 th March, 1962 which has been amended from time to time, the last amendment being S.O. 220(E) dated 21.01.2009.