Section 285A and Section 285B of the Income-tax Act, 1961

Sections 285A and 285B dealt with two distinct reporting obligations under the Income-tax Act, 1961: information relating to indirect transfers of Indian assets through a foreign company or entity, and statements relating to payments made in cinematograph film production and specified activities.

Current law from 1 April 2026: The Income-tax Act, 2025 replaced the Income-tax Act, 1961 for Tax Year 2026-27 onwards. The subject matter of former Section 285A now appears in Section 506 of the Income-tax Act, 2025, while former Section 285B corresponds to Section 507. The 1961 Act continues to remain relevant where its repeal and savings provisions preserve its application to earlier periods, proceedings and liabilities.

Section 285A: Furnishing information or documents by an Indian concern

Meaning: Section 285A imposed a reporting obligation on an Indian concern where a share or interest in a foreign company or entity derived, directly or indirectly, substantial value from assets located in India and the foreign company or entity held those Indian assets through, or in, the Indian concern.

Essential legal requirement

Where the indirect-transfer rule referred to in Explanation 5 to Section 9(1)(i) applied, the Indian concern was required to furnish prescribed information or documents to the prescribed income-tax authority within the prescribed period and in the prescribed manner. The purpose was to enable determination of income deemed to accrue or arise in India from the relevant indirect transfer.

What was an indirect transfer for this purpose?

Section 9(1)(i), read with its explanations, dealt with income deemed to accrue or arise in India through specified connections with India. Explanation 5 treated a share or interest in a company or entity registered or incorporated outside India as situated in India where it derived, directly or indirectly, its value substantially from assets located in India, subject to the statutory conditions and exceptions.

Accordingly, Section 285A was a compliance provision supporting the indirect-transfer tax rule. It did not by itself create the charge of tax; it required the Indian concern connected with the underlying Indian assets to provide information needed for applying Section 9.

Section 285B: Statements by film producers and persons engaged in specified activities

Meaning: In its final form before repeal of the 1961 Act, Section 285B applied to a person carrying on production of a cinematograph film, a person engaged in a specified activity, or a person doing both during any part of a financial year.

Information required

The person was required to furnish, within the prescribed period and in the prescribed form and manner, a statement to the prescribed income-tax authority containing particulars of payments exceeding Rs. 50,000 in the aggregate made, or due, to each person engaged in the film production or specified activity.

Definition of specified activity

For Section 285B, "specified activity" included event management, documentary production, production of programmes for telecasting on television or over-the-top platforms or similar platforms, sports event management, other performing arts, and any other activity that the Central Government could specify by notification in the Official Gazette.

Historical wording: Older versions of Section 285B were confined to producers of cinematograph films and used a fixed filing timeline linked to the end of the financial year or completion of production. The provision was later broadened and the filing period, form, authority and manner were prescribed through the Rules. For compliance relating to a particular year, the version of the Act and Rules applicable to that period should be checked.

Prescribed forms and rules under the Income-tax Act, 1961

ProvisionRule under Income-tax Rules, 1962FormPurpose
Section 285ARule 114DBForm 49DInformation and documents to be furnished by an Indian concern in cases involving indirect transfer of Indian assets.
Section 285BRule 121AForm 52AStatement relating to payments to persons engaged in cinematograph film production or the applicable specified activity framework.

Current corresponding provisions under the Income-tax Act, 2025

The Income-tax Act, 2025 came into force on 1 April 2026. For Tax Year 2026-27 onwards, the corresponding reporting framework is found in Sections 506 and 507 and the Income-tax Rules, 2026.

Income-tax Act, 1961Income-tax Act, 2025Income-tax Rules, 2026Current form
Section 285ASection 506Rule 235Form 163
Section 285BSection 507Rule 236Form 164

Section 506: Indian concern and indirect transfer reporting

Section 506 continues the reporting obligation where a share or interest in a foreign company or entity derives substantial value from assets located in India and those assets are held through, or in, an Indian concern. Under Rule 235, the prescribed reporting is made in Form 163.

Section 507: cinematograph films and specified activities

Section 507 requires a person producing a cinematograph film or carrying on a specified activity during a tax year to furnish the prescribed statement. The statement includes particulars of aggregate payments over Rs. 50,000 made or due to each person engaged in the production or specified activity. Under Rule 236, the prescribed statement is Form 164.

Official resources

Practical compliance points

  • Identify the relevant period first. The 1961 Act remains relevant to matters preserved under the repeal and savings framework, while the 2025 Act governs Tax Year 2026-27 onwards.
  • For indirect transfers, examine the substantive deemed-accrual provision together with the reporting section, applicable Rules and prescribed form.
  • For film production and specified activities, aggregate payments payee-wise and check whether the statutory threshold is crossed.
  • Use the form and rule applicable to the relevant Act and period rather than relying on an older form solely because the underlying activity began earlier.

This article is a general legal and tax information resource. Statutory provisions, rules, forms, notifications and transitional provisions applicable to the relevant period should be verified before filing or taking a tax position.