Avoidance of income-tax by transactions resulting in transfer of income to non-residents
(1)
Where there is a transfer of assets before and after the commencement of this Act, and by virtue or in consequence of it,–– (a) either alone; or (b) in conjunction with associated operations, any income becomes payable to a non-resident, the provisions of this section shall apply.
(2)
If any person (“first mentioned person”), by means of any transfer referred to in sub-section (1), either alone or in conjunction with associated operations, acquires any rights,–– (a) by virtue of which he has, within the meaning of this section, power to enjoy, whether forthwith or in the future, any income of a non-resident; and (b) such income would have been chargeable to income-tax if it were such first mentioned person’s income, then, that income shall, whether or not it would have been chargeable to income-tax under any other provisions of this Act, be deemed to be the income of such first mentioned person for all the purposes of this Act.
(3)
If any such first mentioned person receives or is entitled to receive any capital sum,–– (a) the payment of which is in any way connected with the transfer or any associated operations; and (b) whether before or after any such transfer, then any income, which has become the income of a non-resident by virtue or in consequence of such transfer, either alone or in conjunction with associated operations, shall be deemed to be the income of such first mentioned person for all the purposes of this Act, whether or not it would have been chargeable to income-tax under any other provisions of this Act.