Investment of fund moneys by Recognised Provident Funds – Rule 67 of IT Rules 1961: Amendment Notification No. 84/2020 dt 22nd October, 2020
CBDT amends Income Tax Rule 67 related to Investment of fund moneys by Recognised Provident Funds and allowed investment of Funds in Securities having Single Rate ‘A’ or above. Earlier Investment were allowed in Securities having single Rate of ‘AA’ and above.
Notification No. 84/2020-Income Tax Dated: 22nd October, 2020.
MINISTRY OF FINANCE
(Department of Revenue)
(Central Board of Direct Taxes)
NOTIFICATION New Delhi, the 22nd October, 2020.
G.S.R. 664(E).—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:-
- Short title and Commencement.- (1) These rules may be called the Income-tax (23rd Amendment) Rules, 2020.(2) They shall come into force from the 1st day of April, 2021.
- In the Income-tax Rules, 1962, in rule 67, in sub-rule (2), ‒
(i) in the fifth proviso, for the letters “AA”, the letter “A” shall be substituted;
(ii) in the eighth proviso, for the letters, “AA”, the letter “A” shall be substituted; and
(iii) in the eleventh proviso, for the letters, “AA” occurring at both the places, the letter “A” shall be substituted.
[Notification No. 84/2020/F. No. 370149/76/2019-TPL]
GUDRUN NEHAR, Director (TPL-II)
Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section-3, Subsection (ii) vide number S.O. 969 (E), dated the 26th March, 1962 and last amended vide notification number G.S.R No.610 (E) dated 1st October, 2020.
Explanatory Memorandum
Notification No.84 /2020, dated 22 October, 2020
Vide Notification No. 84 /2020, dated 22 October, 2020, Rule 67 of the Income-tax Rules, 1962 has been amended. The said amendment shall be effective from Assessment Year 2021-22 and subsequent years.
Rule 67 of the Income-tax Rules, 1962 PART XII RECOGNISED PROVIDENT FUNDS [Investment of fund moneys.
- (1) All moneys contributed to a provident fund (whether by the employer or by the employees) after the 31st day of October, 1974, or transferred after that date from the individual account of an employee in any recognised provident fund maintained by his former employer or accruing after that date by way of interest or otherwise to the fund may be deposited in a Post Office Savings Bank Account in India [or in a current account or a Savings Bank Account with any scheduled bank]; and to the extent such moneys as are not so deposited (such moneys as are not so deposited being hereafter in this rule referred to as investible moneys) shall be invested in the manner specified in sub-rule (2).
Explanation : For the purposes of this rule and rules 85 and 101,—
(i) | moneys received after the 31st day of October, 1974, on transfer, maturity or realisation of any security or deposit forming part of a fund or by withdrawal from any account in a bank (including a Post Office Savings Bank Account) shall be deemed to be moneys accruing to the fund after that date; |
(ii) | “scheduled bank” means the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955), a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), [or under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980),] or any other bank, being a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934). |
[(2) The manner of investment referred to in sub-rule (1) shall be in accordance with the following Table, namely :—
TABLE INVESTMENT PATTERN
Sl. No. | INVESTMENT | Percentage amount to be invested in items referred to in column(2) | ||||||||||||||||||||||||||||||
(1) | (2) | (3) | ||||||||||||||||||||||||||||||
i. | Government Securities and Related Investments :
|
Minimum forty-five per cent and upto fifty per cent. | ||||||||||||||||||||||||||||||
ii. | Debt Instruments and Related Investments:
|
Minimum thirty-five per cent and upto forty-five per cent. | ||||||||||||||||||||||||||||||
iii. | Short-term Debt Instruments and Related Investments
|
Upto five per cent. | ||||||||||||||||||||||||||||||
iv. | Equities and Related Investments
|
Minimum five per cent and upto fifteen per cent. | ||||||||||||||||||||||||||||||
v. | Asset Backed, Trust Structured and Miscellaneous Investments
|
Upto five per cent. |
Provided that the portfolio invested under sub-clause (b) of clause (i) of the said Table shall not be in excess of ten per cent of the total portfolio of the fund:
Provided further that, irrespective of the proportion of investments specified in clause (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 and fresh investments made in them shall not exceed five per cent. of the fresh accretions in the year:
Provided also that the investment stated in sub-clause (b) of clause (ii) shall be made only in such Tier-I bonds which are proposed to be listed in case of initial offering of the bonds and if such Tier-I bonds are listed and regularly traded, investment shall be made in such bonds of a Scheduled commercial Bank from the Secondary Market:
Provided also that the total portfolio invested, at any time, in Tier-I bonds referred to sub-clause (b) of clause (ii) of the said Table shall not be more than two per cent of the total portfolio of the fund; and
(i) | no investment in initial offerings shall exceed twenty per cent. of the initial offering, |
(ii) | the aggregate value of Tier-I bonds of any particular bank held by the fund at any point of time, shall not exceed twenty per cent of such bonds issued by that Bank. |
Provided also that for sub-clause (c) of clause (ii) of the said Table, a single rating of 1[A] or above by a domestic or international rating agency will be acceptable:
Provided also that the debt securities covered under sub-clause (b) of clause (i) of the said Table shall be excluded from the securities covered under clause (ii) of the said Table.
Provided also that in sub-clause (e) of clause (ii), fresh investment in Debt Mutual Funds shall not be more than five per cent. of the fresh accretions invested in the year and the portfolio invested in them shall not exceed five per cent of the total portfolio of the fund at any point in time.
Provided also that the investment under sub-clauses (a),(b) and items (i) to (iv) of (f) of clause (ii) of the said Table shall be made only in such securities which have minimum 1[A] rating or equivalent in the applicable rating scale from at least two credit rating agencies registered with Securities and Exchange Board of India under Securities and Exchange Board of India (Credit Rating Agency) Regulation, 1999.
Provided also that in case of item (iii) of the sub-clause (f) of clause (ii) of the said Table the ratings shall relate to the Non-Banking Financial Company and for item (iv) of the sub-clause (f) of clause (ii) of the said Table the ratings shall relate to the investment in eligible securities rated above investment grade of the scheme of the fund:
Provided also that if the securities or entities have been rated by more than two rating agencies, the two lowest of all the ratings shall be considered:
Provided also that investments under sub-clauses (a),(b) and sub-clause (f) of clause (ii) of the said Table requiring a minimum 1[A] rating, shall be permissible in securities having investment grade rating below AA in case the risk of default for such securities is fully covered with Credit Default Swaps issued under Guidelines of the Reserve Bank of India and purchased along with the underlying securities and purchase amount of such Swaps shall be considered to be investment made under this clause:
Provided also that investment stated in sub-clause (a) of clause (iii) of the said Table in paper issued by body corporates shall be made only in such instruments which have minimum rating of Al + by at least two credit rating agencies registered with the Securities and Exchange Board of India and if paper has been rated by more than two rating agencies, the two lowest of the ratings shall be considered:
Provided also that investment in sub-clause (a) of clause (iii) of the said Table in Certificates of Deposit of up to one year duration issued by scheduled commercial banks will require the bank to satisfy all conditions mentioned in sub-clause (d) of clause (ii) of the said table:
Provided also that the aggregate portfolio invested in such mutual funds stated in sub-clause (b) of clause (iv) of the said Table shall not be in excess of five per cent of the total portfolio of the fund at any point in time and the fresh investment in such mutual funds shall not be in excess of five per cent of the fresh accretions invested in the year:
Provided also that the portfolio invested in derivatives in terms of contract value shall not be in excess of five per cent of the total portfolio invested in sub-clauses (a) to (d) of clause (iv) of the said Table:
Provided also that investment under clause (v) of the said Table shall only be in listed instruments or fresh issues that are proposed to be listed:
Provided also that investment under clause (v) of the said Table shall be made only in such securities which have minimum AA or equivalent rating in the applicable rating scale from at least two credit rating agencies registered by the Securities and Exchange Board of India under Securities and Exchange Board of India (Credit Rating Agency) Regulations, 1999:
Provided also that in case of the sub-clauses (b) and (d) of the clause (v) of the said Table, the ratings shall relate to the rating of the sponsor entity floating the trust:
Provided also that if the securities/entities have been rated by more than two rating agencies, the two lowest of the ratings shall be considered:
Provided also that any proceeds arising out of exercise of put option, tenure or asset switch or trade of any asset before maturity can be invested in any of the permissible categories in the manner that at any given point of time the percentage of assets under that category shall not exceed the maximum limit prescribed for that category and also shall not exceed the maximum limit prescribed for the sub-categories, if any. However, asset switch because of any Reserve Bank of India mandated Government debt switch would not be covered under this restriction.
Provided also that fresh accretions to the fund shall be invested in the permissible categories specified in this investment pattern in a manner consistent with specified maximum permissible percentage amounts to be invested in each such investment category, while also complying with such other restrictions as made applicable for various sub-categories of the permissible investments:
Provided also that the turnover ratio, being the value of securities traded in the year divided by the average value of the portfolio at the beginning of the year and at the end of the year, should not exceed two.
Provided also that in the event of the rating of any instrument mentioned in the Table for being rated and their rating falling below the investment grade, as confirmed by 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), the option of exit shall be considered and exercised, as appropriate, in a manner that is in the best interest of the subscribers and released fund shall be invested in accordance with the manner provided in the Table:
Provided also that if the fund has engaged services of professional fund manager or asset managers for management of its assets, payment to whom is made on the basis of the value of each transaction, the value of funds invested by them in any mutual fund mentioned in any of the clauses of the Table or Exchange Traded Funds or Index Funds shall be reduced before computing the payment due to them.
Explanation 1.— 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) | Fresh accretions to the funds shall be the sum of un-invested funds from the past and receipts like contributions to the funds, dividend, interest, commission, amount received on the maturity of investment made prior to the 1st day of April, 2015 etc., as reduced by obligatory outgo during the financial year. |
(ii) | the expression “Government securities” shall have the meaning assigned to it in clause (b) of section 2 of the Securities Contracts (Regulation) Act, 1956; |
(iii) | the expression “Infrastructure” for the purposes of sub-clause (f) of clause (ii) of the Table shall have the meaning as referred to in Notification dated 2nd March, 2015 (F No 11/14/2013-PR) of Department of Financial Services. |
(iv) | the expression “public financial institutions” shall have the meaning as assigned to it under section 2 of the Companies Act, 2013 (1 of 2013); |
(v) | the expression “public sector company” shall have the meaning assigned to it in clause (36A) of section 2 of the Income-tax Act; |
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