Special measures in respect of transactions with persons located in notified jurisdictional area
(1)
The Central Government may, by notification specify any country or territory outside India, as a notified jurisdictional area, having regard to the lack of effective exchange of information with such jurisdiction.
(2)
Irrespective of anything contrary in this Act, if an assessee enters into a transaction where one of the parties to the transaction is a person located in a notified jurisdictional area, then,— (a) all the parties to the transaction shall be deemed to be associated enterprises within the meaning of section 162;
(b)
any transaction of the nature described in section 163(1) and (2) shall be deemed to be an international transaction within the meaning of section 163, and the provisions of sections161, 162, 163, 165 except the benefit of variation specified in sections 165(3)(a)(ii), 166, 167, 171, 172 and 173 shall apply accordingly.
(3)
Irrespective of anything to the contrary in this Act, no deduction shall be allowed— (a) for any payment made to any financial institution located in a notified jurisdictional area, unless the assessee furnishes an authorisation in the prescribed form authorising the Board or any other income-tax authority acting on its behalf to seek relevant information from the said financial institution on behalf of such assessee; and (b) for any other expenditure or allowance (including depreciation) arising from the transaction with a person located in a notified jurisdictional area, unless the assessee maintains such other documents and furnishes such information as prescribed, in this behalf.