Section 15b of the Securities Exchange Act of 1934 addresses the prohibition of fraud, manipulation, and other deceptive practices in the securities markets. This section prohibits any person from engaging in any fraudulent, deceptive, or manipulative acts or practices in connection with the purchase or sale of securities.
The Securities and Exchange Commission (SEC) enforces this provision by investigating and prosecuting individuals or entities that violate these rules. The SEC has the authority to impose civil penalties, injunctions, and other remedies to address violations of Section 15b.
Intrinsic material related to Section 15b may include court cases, enforcement actions, and regulatory guidance issued by the SEC. This material can provide insight into how the SEC interprets and enforces the provisions of Section 15b, as well as examples of fraudulent or manipulative practices that have been prosecuted under this section.
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Google Gemini AI
Jun 22
Section 15B of the Income Tax Act, 1961: Non-Resident Indians and Foreign Citizens
Scope and Applicability
- Applies to non-resident Indians (NRIs) and foreign citizens who derive income from India.
Definition of Key Terms
- Non-Resident Indian (NRI): An Indian citizen who has stayed outside India for at least 182 days in a financial year. - Foreign Citizen: A citizen of any country other than India.
Tax Rates
- NRIs: Taxed at special rates on income earned in India. - Foreign Citizens: Taxed at a flat rate of 30% on all income from India.
Income Deemed to Accrue or Arise in India
- Income from any business or profession carried out in India. - Income from immovable property in India. - Income from sale of capital assets located in India. - Dividends, interest, and royalties from Indian sources.
Deductions and Exemptions
- NRIs are eligible for certain deductions and exemptions under Section 80 of the Income Tax Act. - Foreign citizens may not be eligible for all deductions and exemptions.
Filing of Return
- NRIs and foreign citizens must file an income tax return if their taxable income in India exceeds the basic exemption limit. - The due date for filing the return is July 31st of the assessment year.
Double Taxation Avoidance Agreements (DTAAs)
- India has entered into DTAAs with many countries to avoid double taxation. - DTAAs provide for the determination of residential status, tax rates, and exchange of information.
Foreign Tax Credit
- NRIs and foreign citizens can claim credit for taxes paid in their home country against the tax payable in India.
Consequences of Non-Compliance
- Failure to file a return or pay taxes on time can lead to penalties and interest charges. - Serious offenses may result in prosecution and imprisonment.
Key Points to Remember
- NRIs and foreign citizens must carefully consider their tax obligations when earning income from India. - The specific tax rates and deductions available may vary depending on individual circumstances. - It is advisable to seek professional advice from a qualified tax expert to ensure compliance with the law.