Income Tax Notification

CBDT Issues a Notification on Pension Fund Tax Exemptions Under Income-tax Act

CBDT Issues a Notification on Pension Fund Tax Exemptions Under Income-tax Act

The Central Board of Direct Taxes (CBDT) has once again taken a definitive stride in shaping the investment landscape for pension funds. Through Notification No. 95/2023, issued on the 1st of November, 2023, the CBDT has not just elucidated the conditions under which pension funds can seek tax exemptions but has also carved out a niche for BPC Penco XVII Corporation, setting a precedent for future investments in India’s burgeoning infrastructure sector.

A Detailed Dissection of the Notification

The notification exercises the powers conferred by sub-clause (iv) of clause (c) of Explanation 1 to clause (23FE) of Section 10 of the Income-tax Act of 1961. By specifying BPC Penco XVII Corporation as a ‘specified person,’ the CBDT has paved the way for the fund to make eligible investments that can enjoy tax exemptions, subject to the fulfillment of stringent conditions.

These conditions include the timely filing of income returns post-investment, the furnishing of a compliance certificate from an accountant, quarterly intimation of investment details, maintenance of segregated accounts, adherence to regulatory oversight by the Government of Ontario, Canada, and the exclusive use of earnings and assets for statutory obligations and defined contributions.

Furthermore, the notification mandates that the pension fund shall not engage in any borrowing for the purpose of making investments in India and must abstain from day-to-day operations of the investee, albeit with certain rights to protect its investments.

Implications and Forward-Looking Insights

The implications of such a specification are multilayered. For BPC Penco XVII Corporation, this translates to a significant fiscal advantage that can potentially increase the fund’s attractiveness to investors. It underscores the government’s intent to attract long-term capital, particularly in infrastructure, thus aligning with global investment trends where pension funds are increasingly becoming pivotal players in infrastructure financing.

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This notification could stimulate more funds to align their portfolios with the criteria set forth, thereby fostering a competitive environment that benefits the Indian economy. However, the precise nature of the conditions also implies that compliance will be under strict scrutiny, with any violations leading to the loss of tax exemption status.


The notification is a judicious blend of incentive and oversight. It is an invitation coupled with a challenge. The message is clear: India welcomes pension fund investment, but it must be within the framework of strategic and compliant growth. As the CBDT opens this door, the onus is now on pension funds to step through it wisely, balancing the scales of opportunity and due diligence.

The finance community will undoubtedly watch keenly as BPC Penco XVII Corporation navigates this new terrain, setting an example for others to follow. The future of pension fund investments in India’s infrastructure space seems poised on the cusp of a new era, heralded by this insightful notification.


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