Page 21 - Union Budget_2019
P. 21

Union Budget 2019


           However, the above-mentioned provision is not applicable in the case of consideration for issue of shares

           received by: -

              •  Venture capital undertaking

              •  Venture capital company
              •  Venture capital fund or
              •  A company or classes of persons may be notified as may be notified by the Central Government.



           Currently this benefit is available only to a Category I AIF i.e. funds received by venture capital undertakings

           from Category I AIF shall not be liable for above mentioned taxation; however, with a view to facilitate
           venture capital undertakings to receive funds from Category II AIF, it is proposed to amend the said section

           to extend this exemption to fund received by venture capital undertakings from Category II AIF, registered
           under regulations of SEBI.

           This amendment will take effect, from  1st April, 2020 and will, accordingly, apply in relation to  the

           assessment year 2020-21and subsequent assessment years.

                                          Alternative Investment Fund (“AIF”)


           Any fund established or incorporated in India which is a privately pooled investment vehicle which collects
           funds from sophisticated investors, whether Indian or foreign, for investing it in accordance with a defined

           investment policy for the benefit of its investors

           Category I AIF  -  AIFs which invest in start-up or early stage ventures or social ventures or SMEs or
           infrastructure  or  other  sectors  or  areas  which  the  Government  or  regulators  consider  as  socially  or

           economically desirable  and shall include venture capital funds,  SME Funds,  social venture funds,
           infrastructure funds and such other Alternative Investment Funds as may be specified by SEBI


           Category II AIF - AIFs which do not fall in Category I and III and which do not undertake leverage or
           borrowing other than to meet day-to-day operational requirements and as permitted in the SEBI
           (Alternative Investment Funds) Regulations


           Various types of funds such as real estate funds, private equity funds (PE funds), funds for distressed assets,
           etc. are registered as Category II AIFs
           Various types of funds such as hedge funds, PIPE Funds, etc. are registered as Category III AIFs

           Category III AIF - AIFs which employ diverse or complex trading strategies and may employ leverage
           including through investment in listed or unlisted derivatives







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