MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 19th April 2021
(INCOME-TAX)
S.O. 1661(E).—In exercise of the powers conferred by sub-clause (vi) of clause (b) of the Explanation 1 to
clause (23FE) of section 10 of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as the “Act”), the Central
Government hereby specifies the sovereign wealth fund, namely, the Norfund, Government of Norway, (hereinafter
referred to as “the assessee”) as the specified person for the purposes of the said clause in respect of the investment
made by it in India on or after the date of publication of this notification in the Official Gazette but on or before the
31st day of March, 2024 (hereinafter referred to as “said investments”) subject to the fulfilment of the following
conditions, namely:-
(i) the assessee shall file return of income, for all the relevant previous years falling within the period beginning
from the date in which the said investment has been made and ending on the date on which such investment
is liquidated, on or before the due date specified for furnishing the return of income under sub-section (1) of
section 139 of the Act;
(ii) the assessee shall get its books of account audited for the previous years referred to in clause (i) by any
accountant specified in the Explanation below sub-section (2) of section 288 of the Act and furnish the
Audit Report in the format annexed as Annexure to this notification herewith at least one month prior to the
due date specified for furnishing the return of income under sub-section (1) of section 139 of the Act;
(iii) the assessee shall furnish a quarterly statement within one month from the end of each quarter electronically
in Form II as annexed to the Circular No 15 of 2020, dated the 22nd July, 2020 with F. No. 370142/26/2020-
TPL, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (Tax
Policy and Legislation Division), in respect of each investment made by it during the said quarter;
(iv) the assessee shall maintain a segmented account of income and expenditure in respect of such investment
which qualifies for exemption under clause (23FE) of section 10 of the Act;
(v) the assessee shall continue to be owned and controlled, directly or indirectly, by the Government of Norway
and at no point of time any other person should have any ownership or control, directly or indirectly, in the
assessee;
(vi) the assessee shall continue to be regulated under the law of the Government of Norway;
(vii) the earnings of the assessee shall be credited either to the account of the Government of Norway or to any
other account designated by that Government so that no portion of the earnings inures to any private person
barring any payment made to creditors or depositors for loan or borrowing [as defined in sub-clause (a) of
clause (ii) of Explanation 2 to clause (23FE) of section 10 of the Act] taken for the purposes other than for
making investment in India;
(viii) the assessee shall not have any loans or borrowings [as defined in sub-clause (a) of clause (ii) of Explanation
2 to clause (23FE) of section 10 of the Act], directly or indirectly, for the purposes of making investment in
India;
(ix) the asset of the assessee shall vest in the Government of Norway upon dissolution barring any payment made
to creditors or depositors for loan taken or borrowing for the purposes other than for making investment in
India; and
(x) the assessee shall not participate in the day to day operations of investee [as defined in clause (i) of
Explanation 2 to clause (23FE) of section 10 of the Act] but the monitoring mechanism to protect the
investment with the investee including the right to appoint directors or executive director shall not be
considered as participation in the day to day operations of the investee.
2. Violation of any of the conditions as stipulated in the said clause (23FE) and this notification shall render the
assessee ineligible for the tax exemption.
3. This notification shall come into force from the date of its publication in the Official Gazette.