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Income Tax Circular

Tax Rules for Foreign Diamond Mining Companies in India

Document
Circular Circular No. 5/2026
Effective
Previous year 2024-25

This page was written by Patron Accounting’s AI from the official release and reviewed before publishing. It explains the document in plain language. It is not the document itself. Where this page and the original differ, the original governs.

In short

Circular No. 5/2026 clarifies how foreign mining companies should report income from selling rough diamonds in India. It explains the specific definitions used to calculate taxes under the Safe Harbour Rules, which are simplified tax calculation methods.

What has changed

How it worked before

Previously, there was no clear guidance on whether sorted diamonds were considered raw diamonds for tax purposes. This ambiguity made it difficult for foreign mining companies to know if they qualified for the simplified Safe Harbour tax rates.

What has changed

The government has now clarified that sorted diamonds are not included in the definition of raw diamonds. This means companies must strictly follow the new definition when calculating their tax liability under the Income-tax Act, which is the law governing income taxes.

Who this affects

This affects foreign mining companies that sell rough diamonds within India's Special Notified Zones. If you are a foreign entity operating in these zones, you must ensure your diamond classification matches this new guidance.

What you should do

No action is required on your part as this is simply a clarification of existing tax rules. You should review your current tax filings to ensure your classification of diamonds aligns with this new definition.

The original document

Issued byIT
DocumentCircular Circular No. 5/2026
Full titleCircular No. 5/2026
EffectivePrevious year 2024-25

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Does Circular No. 5/2026 apply to my business?

This applies only if you are a foreign mining company selling rough diamonds in India's Special Notified Zones. If you are a local Indian diamond trader, this circular does not change your tax obligations.

What happens if I do nothing?

Since this is a clarification of existing rules, you do not need to file any new forms or documents. However, you should ensure your future tax calculations follow this definition to avoid potential disputes with tax authorities.

From when do these rules apply?

These rules are effective for the previous year 2024-25. This means they apply to the income you earned during that specific financial period.

Do I have to file anything new?

No, there is no new filing requirement introduced by this circular. It is intended to help you correctly apply the existing Safe Harbour tax rules when you file your regular income tax returns.