Income Tax


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Conditions for applicability of sections 11 and 12

Conditions for applicability of sections 11 and 12

Income tax is a direct tax that is imposed on individuals or entities based on their revenue. The Income Tax Act of 1961 contains a multitude of provisions and sections that govern the taxation of income. Sections 11 and 12 of the Income Tax Act provide exemptions and deductions for income earned by charitable trusts and institutions. In this article, we will delve into the conditions necessary for the application of sections 11 and 12 of the Income Tax Act. Section 11 of the Income Tax Act, 1961 Section 11 of the Income Tax Act, 1961, pertains to the exemption of income generated by religious or charitable trusts. To qualify for an exemption under this section, a trust must fulfill certain requirements: The trust must be registered under section 12AA of the Income Tax Act, 1961. The trust’s income must be utilized exclusively for charitable or religious purposes, and it cannot be allocated or diverted for any other reason. The trust must not provide any benefit to any individual or group of individuals. The trust must not engage in any business or trade, although it may conduct commercial activities that are incidental to its charitable or religious purposes. The trust must maintain accurate records and have them audited annually. If these requirements are met, the trust’s income will be exempt from income tax under section 11 of the Income Tax Act, 1961. Section 12 of the Income Tax Act, 1961 Section 12 of the Income Tax Act, 1961, provides for the deductions allowed for income earned by charitable trusts and institutions. To be eligible for deductions under this section, a trust must fulfill the following requirements: The trust must be registered under section 12AA of the Income Tax Act, 1961. The trust’s income must be used exclusively for charitable or religious purposes, and it cannot be allocated or diverted for any other reason. The trust must not provide any benefit to any individual or group of individuals. The trust must not engage in any business or trade, although it may conduct commercial activities that are incidental to its charitable or religious purposes. The trust must maintain accurate records and have them audited annually. The trust must spend at least 85% of its income on charitable or religious purposes during the financial year. If these requirements are met, the trust can claim deductions under section 12 of the Income Tax Act, 1961, for the income spent on charitable or religious purposes. Conclusion In conclusion, sections 11 and 12 of the Income Tax Act, 1961, offer exemptions and deductions for income earned by charitable trusts and institutions. To avail of these benefits, trusts must meet certain criteria to ensure that their income is used solely for charitable or religious purposes and that their records are accurate. By meeting these criteria, trusts can take advantage of the exemptions and deductions provided under the Income Tax Act, 1961. section 12A of Income Tax Act, 1961 (1) The provisions of section 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled, namely:— (a) the person in receipt of the income has made an application for registration of the trust or institution in the prescribed form83 and in the prescribed manner to the Principal Commissioner or Commissioner before the 1st day of July, 1973, or before the expiry of a period of one year from the date of the creation of the trust or the establishment of the institution, whichever is later and such trust or institution is registered under section 12AA : Provided that where an application for registration of the trust or institution is made after the expiry of the period aforesaid, the provisions of sections 11 and 12 shall apply in relation to the income of such trust or institution,—   (i)  from the date of the creation of the trust or the establishment of the institution if the Principal Commissioner or Commissioner is, for reasons to be recorded in writing, satisfied that the person in receipt of the income was prevented from making the application before the expiry of the period aforesaid for sufficient reasons;  (ii)  from the 1st day of the financial year in which the application is made, if the Principal Commissioner or Commissioner is not so satisfied: Provided further that the provisions of this clause shall not apply in relation to any application made on or after the 1st day of June, 2007; (aa) the person in receipt of the income has made an application for registration of the trust or institution on or after the 1st day of June, 2007 in the prescribed form and manner to the Principal Commissioner or Commissioner and such trust or institution is registered under section 12AA; (ab) the person in receipt of the income has made an application for registration of the trust or institution, in a case where a trust or an institution has been granted registration under section 12AA or has obtained registration at any time under section 12A [as it stood before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)], and, subsequently, it has adopted or undertaken modifications of the objects which do not conform to the conditions of registration, in the prescribed form and manner, within a period of thirty days from the date of said adoption or modification, to the Principal Commissioner or Commissioner and such trust or institution is registered under section 12AA; 84[(ac) notwithstanding anything contained in clauses (a) to (ab), the person in receipt of the income has made an application in the prescribed form and manner to the Principal Commissioner or Commissioner, for registration of the trust or institution,—  (i)  where the trust or institution is registered under section 12A [as it stood immediately before its amendment by the Finance (No. 2) Act, 1996 (33 of 1996)] or under section 12AA [as it stood immediately before its amendment by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (38 of 2020)], within three months from

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Income of trusts or institutions from contributions

Income of trusts or institutions from contributions

Trusts and institutions are not-for-profit organizations that are established to advance a social cause or provide public benefits. Though their primary objective is not centered on generating profits, these organizations require funding to operate and accomplish their goals. Contributions from donors are a significant source of income for trusts and institutions. Donations, grants, bequests, and gifts are some of the typical forms of contributions that trusts and institutions receive. These contributions are critical for the functioning of these organizations, as they enable them to provide valuable services to the community without the need to generate profits. The income generated from contributions is utilized for various purposes. Firstly, it covers the administrative expenses of the organization, such as salaries, rent, and other expenses related to running the organization. This allows the trust or institution to concentrate on achieving its objectives without facing financial constraints. Secondly, the income from contributions is used to finance the programs and services provided by the trust or institution. For example, if the organization focuses on education, the funds may be used to provide scholarships, procure educational materials, or fund research initiatives. Finally, the income generated by trusts and institutions from contributions is used to construct and maintain the organization’s infrastructure. This includes investing in technology, equipment, and facilities, which enables the organization to provide better services to its beneficiaries. It is noteworthy that the income generated by trusts and institutions from contributions is subject to regulations and restrictions. Many countries have laws that mandate trusts and institutions to report their income and expenditure and ensure that the funds are being utilized for the intended purposes. Furthermore, donors may also impose restrictions on how their contributions are utilized. In such cases, the trust or institution must ensure that the funds are utilized in accordance with the donor’s wishes. In conclusion, contributions from donors play a crucial role in enabling trusts and institutions to carry out their important work. By supporting these organizations through donations and contributions, individuals and businesses can help to create positive social change and improve the lives of those in need. section 12 of Income Tax Act, 1961 (1) Any voluntary contributions received by a trust created wholly for charitable or religious purposes or by an institution established wholly for such purposes (not being contributions made with a specific direction that they shall form part of the corpus of the trust or institution) shall for the purposes of section 11 be deemed to be income derived from property held under trust wholly for charitable or religious purposes and the provisions of that section and section 13 shall apply accordingly. (2) The value of any services, being medical or educational services, made available by any charitable or religious trust running a hospital or medical institution or an educational institution, to any person referred to in clause (a) or clause (b) or clause (c) or clause (cc) or clause (d) of sub-section (3) of section 13, shall be deemed to be income of such trust or institution derived from property held under trust wholly for charitable or religious purposes during the previous year in which such services are so provided and shall be chargeable to income-tax notwithstanding the provisions of sub-section (1) of section 11. Explanation.—For the purposes of this sub-section, the expression “value” shall be the value of any benefit or facility granted or provided free of cost or at concessional rate to any person referred to in clause (a) or clause (b) or clause (c) or clause (cc) or clause (d) of sub-section (3) of section 13. (3) Notwithstanding anything contained in section 11, any amount of donation received by the trust or institution in terms of clause (d) of sub-section (2) of section 80G in respect of which accounts of income and expenditure have not been rendered to the authority prescribed under clause (v) of sub-section (5C) of that section, in the manner specified in that clause, or which has been utilised for purposes other than providing relief to the victims of earthquake in Gujarat or which remains unutilised in terms of sub-section (5C) of section 80G and not transferred to the Prime Minister’s National Relief Fund on or before the 31st day of March, 2004 shall be deemed to be the income of the previous year and shall accordingly be charged to tax. 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Meaning of computer programmes in certain cases

Meaning of computer programmes in certain cases

Computers have become an integral aspect of our daily lives and are utilized for a vast range of activities, including communication, entertainment, education, and business. Nevertheless, it is the computer programs or software that adds real value to these machines. In this article, we will explore the significance of computer programs in specific fields. A computer program essentially comprises a set of instructions that provide directives to a computer. These instructions are written in computer languages like Java, C++, or Python and are executed by the central processing unit (CPU) of the computer to perform designated tasks. In the business domain, computer programs are employed to handle financials, monitor inventory, process payroll, and perform several other activities. For instance, an accounting program can help businesses manage their finances by generating invoices, tracking payments, and preparing tax reports. An inventory management program can facilitate the tracking of goods, monitoring of stock levels, and generation of reports. Computer programs are also leveraged in scientific research. Researchers use programs to simulate complex phenomena, analyze data, and visualize results. For instance, a program for simulating climate change can aid researchers in comprehending the impact of temperature and precipitation changes on the planet. A program for data analysis can assist in identifying patterns and relationships in vast datasets. Education is another domain that greatly benefits from computer programs. Programs can be utilized to teach several subjects, including mathematics and languages. A language learning program can offer interactive lessons, quizzes, and games to help learners improve their skills. A program for mathematics education can provide visual aids and interactive exercises to help students grasp mathematical concepts. In conclusion, computer programs are essential tools that enable us to perform various tasks efficiently. They are utilized in business, scientific research, education, and other fields. As technology advances, computer programs will only become more critical. section 10BB of Income Tax Act, 1961 The profits and gains derived by an undertaking from the production of computer programmes under section 10B, as it stood prior to its substitution by section 7 of the Finance Act, 2000 (10 of 2000), shall be construed as if for the words “computer programmes”, the words “computer programmes or processing or management of electronic data” had been substituted in that section. Services of B K Goyal & Co LLP Income Tax Return Filing | Income Tax Appeal | Income Tax Notice | GST Registration | GST Return Filing | FSSAI Registration | Company Registration | Company Audit | Company Annual Compliance | Income Tax Audit | Nidhi Company Registration| LLP Registration | Accounting in India | NGO Registration | NGO Audit | ESG | BRSR | Private Security Agency | Udyam Registration | Trademark Registration | Copyright Registration | Patent Registration | Import Export Code | Forensic Accounting and Fraud Detection | Section 8 Company | Foreign Company | 80G and 12A Certificate | FCRA Registration |DGGI Cases | Scrutiny Cases | Income Escapement Cases | Search & Seizure | CIT Appeal | ITAT Appeal | Auditors | Internal Audit | Financial Audit | Process Audit | IEC Code | CA Certification | Income Tax Penalty Notice u/s 271(1)(c) | Income Tax Notice u/s 142(1) | Income Tax Notice u/s 144 |Income Tax Notice u/s 148 | Income Tax Demand Notice 

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Income from property held for charitable or religious purposes

Income from property held for charitable or religious purposes

Income derived from property held for charitable or religious objectives is a distinct concept in the realm of taxation. Charities and religious institutions commonly possess assets that are leveraged to advance their benevolent or spiritual objectives, including structures for worship or education, shelters for the homeless, or centers for community outreach. In principle, revenue produced from real estate held for charitable or religious objectives is typically immune to taxation, as per Section 11 of the Income Tax Act of 1961. However, certain exceptions may apply. For instance, if the property is utilized for commercial purposes, or is sold for a profit, the earnings generated from these undertakings may be subject to taxation. As the regulations that govern income from property held for charitable or religious objectives can be intricate, it is important for charities and religious organizations to consult qualified professionals. Expert tax accountants and nonprofit attorneys can offer sound guidance on the management of revenue and assets, ensuring that all legal requirements are met. In summary, while revenue from property held for charitable or religious purposes is typically exempt from taxation, there are circumstances in which exceptions apply. To navigate the complex regulations and effectively manage their assets and revenue, charities and religious organizations should seek the advice of seasoned professionals. section 11 of Income Tax Act, 1961 (1) Subject to the provisions of sections 60 to 63, the following income shall not be included in the total income of the previous year of the person in receipt of the income— (a)  income derived from property held under trust wholly for charitable or religious purposes, to the extent to which such income is applied to such purposes in India; and, where any such income is accumulated or set apart for application to such purposes in India, to the extent to which the income so accumulated or set apart is not in excess of fifteen per cent of the income from such property; (b)  income derived from property held under trust in part only for such purposes, the trust having been created before the commencement of this Act, to the extent to which such income is applied to such purposes in India; and, where any such income is finally set apart for application to such purposes in India, to the extent to which the income so set apart is not in excess of fifteen per cent of the income from such property; (c)  income derived from property held under trust—  (i)  created on or after the 1st day of April, 1952, for a charitable purpose which tends to promote international welfare in which India is interested, to the extent to which such income is applied to such purposes outside India, and  (ii)  for charitable or religious purposes, created before the 1st day of April, 1952, to the extent to which such income is applied to such purposes outside India: Provided that the Board, by general or special order, has directed in either case that it shall not be included in the total income of the person in receipt of such income; (d) income in the form of voluntary contributions made with a specific direction that they shall form part of the corpus of the trust or institution 64[,subject to the condition that such voluntary contributions are invested or deposited in one or more of the forms or modes specified in sub-section (5) maintained specifically for such corpus]. Explanation 1.—For the purposes of clauses (a) and (b),— (1)  in computing the fifteen per cent of the income which may be accumulated or set apart, any such voluntary contributions as are referred to in section 12 shall be deemed to be part of the income; (2)  if, in the previous year, the income applied to charitable or religious purposes in India falls short of eighty-five per cent of the income derived during that year from property held under trust, or, as the case may be, held under trust in part, by any amount—  (i)  for the reason that the whole or any part of the income has not been received during that year, or  (ii)  for any other reason, then—  (a)  in the case referred to in sub-clause (i), so much of the income applied to such purposes in India during the previous year in which the income is received or during the previous year immediately following as does not exceed the said amount, and  (b)  in the case referred to in sub-clause (ii), so much of the income applied to such purposes in India during the previous year immediately following the previous year in which the income was derived as does not exceed the said amount, may, at the option of the person in receipt of the income (such option to be exercised before the expiry of the time allowed under sub-section (1) of section 139 for furnishing the return of income, in such form and manner as may be prescribed65) be deemed to be income applied to such purposes during the previous year in which the income was derived; and the income so deemed to have been applied shall not be taken into account in calculating the amount of income applied to such purposes, in the case referred to in sub-clause (i), during the previous year in which the income is received or during the previous year immediately following, as the case may be, and, in the case referred to in sub-clause (ii), during the previous year immediately following the previous year in which the income was derived. Explanation 2.—Any amount credited or paid, out of income referred to in clause (a) or clause (b) read with Explanation 1, 66[to any fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10 or other trust or institution registered under section 12AA 67[or section 12AB, as the case may be], being contribution with a specific direction that it shall form part of the corpus], shall not be treated as

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Special provision in respect of certain industrial undertakings in North-Eastern Region

Special provision in respect of certain industrial undertakings in North-Eastern Region

The North-Eastern part of India is a region comprising of eight states with immense potential for the expansion of industrialization. To encourage and promote industrial growth, the government has enacted specific measures. The North-East Industrial and Investment Promotion Policy (NEIIPP) of 2007 outlines the special provisions for certain industrial undertakings aimed at boosting industrialization, generating employment opportunities, and uplifting the socio-economic conditions in the region. NEIIPP provides specific incentives, including capital investment subsidies, interest subsidies, exemption from central excise duty, exemption from income tax, and more, to eligible industrial units. These units include newly established industrial units, existing units undergoing significant expansion, and those undergoing modernization and technology up-gradation. The NEIIPP incentives are sector-specific and vary according to the sector. Eligible sectors for incentives under NEIIPP include agro-based industries, food processing industries, pharmaceuticals, tourism, and handicrafts. NEIIPP has created Industrial Growth Centers (IGCs) throughout the region, providing infrastructure facilities such as land, power, water supply, communication facilities, and more to the industrial units. The IGCs also have a common facility center, offering common services such as testing, quality control, and marketing support to the industrial units. Another government initiative aimed at promoting industrial development in the region is the North-East Region Textile Promotion Scheme (NERTPS). This scheme provides financial assistance for setting up textile units in the region. The special provisions in respect of certain industrial undertakings in the North-Eastern Region are intended to foster industrialization and improve the socio-economic conditions in the region. These incentives have attracted investments and created employment opportunities, which will help to ensure balanced regional development in India. The government’s emphasis on industrial growth in the North-Eastern Region is a positive step towards a prosperous future for the region. section 10C of Income Tax Act, 1961 (1) Subject to the provisions of this section, any profits and gains derived by an assessee from an industrial undertaking, which has begun or begins to manufacture or produce any article or thing on or after the 1st day of April, 1998 in any Integrated Infrastructure Development Centre or Industrial Growth Centre located in the North-Eastern Region (hereafter in this section referred to as the industrial undertaking) shall not be included in the total income of the assessee. (2) This section applies to any industrial undertaking which fulfils all the following conditions, namely :—  (i)  it is not formed by the splitting up, or the reconstruction of, a business already in existence : Provided that this condition shall not apply in respect of any industrial undertaking which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such industrial undertaking as is referred to in section 33B, in the circumstances and within the period specified in that section ; (ii)  it is not formed by the transfer to a new business of machinery or plant previously used for any purpose. Explanation.—The provisions of Explanation 1 and Explanation 2 to sub-section (3) of section 80-IA shall apply for the purposes of clause (ii) of this sub-section as they apply for the purposes of clause (ii) of that sub-section. (3) The profits and gains referred to in sub-section (1) shall not be included in the total income of the assessee in respect of ten consecutive assessment years beginning with the assessment year relevant to the previous year in which the industrial undertaking begins to manufacture or produce articles or things. (4) Notwithstanding anything contained in any other provision of this Act, in computing the total income of the assessee of any previous year relevant to any subsequent assessment year,— (i)  section 32, section 35 and clause (ix) of sub-section (1) of section 36 shall apply as if deduction referred to therein and relating to or allowable for any of the relevant assessment years, in relation to any building, machinery, plant or furniture used for the purposes of the business of the industrial undertaking in the previous year relevant to such assessment year or any expenditure incurred for the purposes of such business in such previous year had been given full effect to for that assessment year itself and, accordingly, sub-section (2) of section 32, sub-section (4) of section 35 or the second proviso to clause (ix) of sub-section (1) of section 36, as the case may be, shall not apply in relation to any such deduction; (ii)  no loss referred to in sub-section (1) of section 72 or sub-section (1) or sub-section (3) of section 74, in so far as such loss relates to the business of the industrial undertaking, shall be carried forward or set off where such loss relates to any of the relevant assessment years; (iii) no deduction shall be allowed under section 80HH or section 80HHA or section 80-I or section 80-IA or section 80-IB or section 80JJA in relation to the profits and gains of the industrial undertakings; and (iv) in computing the depreciation allowance under section 32, the written down value of any asset used for the purposes of the business of the industrial undertaking shall be computed as if the assessee had claimed and been actually allowed the deduction in respect of depreciation for each of the relevant assessment years. (5) The provisions of sub-section (8) and sub-section (10) of section 80-IA shall, so far as may be, apply in relation to the industrial undertaking referred to in this section as they apply for the purposes of the industrial undertaking referred to in section 80-IA or section 80-IB, as the case may be. (6) Notwithstanding anything contained in the foregoing provisions of this section, where the assessee before the due date for furnishing the return of his income under sub-section (1) of section 139, furnishes to the Assessing Officer a declaration in writing that the provisions of this section may not be made applicable to him, the provisions of this section shall not apply to him in any of the relevant assessment years : Provided that no deduction under this section shall be allowed to any undertaking for the assessment year beginning on the 1st day of April, 2004 and subsequent years. Explanation.—For the purposes of this section,— (i)  “Integrated Infrastructure Development Centre” means such centres located in the States of the North-Eastern Region,

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Special provisions in respect of export of certain articles or things

Special provisions in respect of export of certain articles or things

Exporting specific items or products from one country to another requires adherence to particular laws and regulations. Governments worldwide may limit or restrict the export of specific goods due to reasons such as national security, environmental protection, or economic interests. Therefore, special provisions are established for the export of certain articles or things. The special provisions for exporting certain articles or things differ across countries. However, some typical examples include: Export Licensing: Many nations require exporters to acquire a license or permit before exporting sensitive or strategic goods. Obtaining an export license generally involves submitting an application to the relevant government agency, which then evaluates the application to determine if the export of the goods is allowed by the law. Export Controls: Export controls are measures employed by governments to restrict the export of goods that have military or strategic significance or could be used in developing weapons of mass destruction. Export controls often involve issuing export licenses or permits and imposing restrictions on the countries to which the goods can be exported. Embargoes and Sanctions: Governments may enforce embargoes or economic sanctions on certain countries or entities, limiting or prohibiting the export of specific goods to these targets. Exporters must be mindful of such measures as violating them could result in legal consequences. Customs Regulations: Customs regulations vary from country to country and may include limitations on the export of certain goods or products. Exporters must familiarize themselves with the customs regulations of the importing country to ensure compliance. Export Incentives: Some governments provide incentives to encourage the export of specific goods or products, such as tax breaks, subsidies, or other forms of financial assistance. Environmental Regulations: The export of certain articles or things may be subject to environmental regulations, and exporters must comply with them to avoid legal penalties. International Agreements: International agreements such as free trade agreements may contain special provisions relating to the export of specific goods. Exporters must adhere to these provisions to enjoy the benefits of such agreements. In conclusion, exporters must comply with specific laws and regulations when exporting certain goods or products. They must be aware of the special provisions that may apply to their exports and ensure compliance to avoid legal repercussions. These provisions are established to safeguard the interests of governments and prevent sensitive goods from posing threats to national security, economic stability, or the environment. section 10BA of Income Tax Act, 1961 (1) Subject to the provisions of this section, a deduction of such profits and gains as are derived by an undertaking from the export out of India of eligible articles or things, shall be allowed from the total income of the assessee : Provided that where in computing the total income of the undertaking for any assessment year, deduction under section 10A or section 10B has been claimed, the undertaking shall not be entitled to the deduction under this section : Provided further that no deduction under this section shall be allowed to any undertaking for the assessment year beginning on the 1st day of April, 2010 and subsequent years. (2) This section applies to any undertaking which fulfils the following conditions, namely :— (a)  it manufactures or produces the eligible articles or things without the use of imported raw materials; (b)  it is not formed by the splitting up, or the reconstruction, of a business already in existence : Provided that this condition shall not apply in respect of any undertaking which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such undertaking as is referred to in section 33B, in the circumstances and within the period specified in that section; (c)  it is not formed by the transfer to a new business of machinery or plant previously used for any purpose. Explanation.—The provisions of Explanation 1 and Explanation 2 to sub-section (2) of section 80-I shall apply for the purposes of this clause as they apply for the purposes of clause (ii) of sub-section (2) of that section; (d)  ninety per cent or more of its sales during the previous year relevant to the assessment year are by way of exports of the eligible articles or things; (e)  it employs twenty or more workers during the previous year in the process of manufacture or production. (3) This section applies to the undertaking, if the sale proceeds of the eligible articles or things exported out of India are received in or brought into, India by the assessee in convertible foreign exchange, within a period of six months from the end of the previous year or, within such further period as the competent authority may allow in this behalf. Explanation.—For the purposes of this sub-section, the expression “competent authority” means the Reserve Bank of India or such other authority as is authorised under any law for the time being in force for regulating payments and dealings in foreign exchange. (4) For the purposes of sub-section (1), the profits derived from export out of India of the eligible articles or things shall be the amount which bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such articles or things bears to the total turnover of the business carried on by the undertaking. (5) The deduction under sub-section (1) shall not be admissible, unless the assessee furnishes in the prescribed form, along with the return of income, the report of an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed in accordance with the provisions of this section. (6) Notwithstanding anything contained in any other provision of this Act, where a deduction is allowed under this section in computing the total income of the assessee, no deduction shall be allowed under any other section in respect of its export profits. (7) The provisions of sub-section (8) and sub-section (10) of section 80-IA shall, so far as may be, apply in relation to the undertaking referred to in this section as they apply for the purposes of the

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Special provisions in respect of newly established hundred per cent export-oriented undertakings

Special provisions in respect of newly established hundred per cent export-oriented undertakings

Entities with a primary focus on exporting goods and services to foreign markets are known as export-driven ventures (EDVs). To promote the growth of this sector, several governments have enacted . The aim is to offer these ventures a competitive edge and incentivize them to increase their production and export volumes. The tax exemption or reduction in income tax rates. Many countries exempt newly established EDVs from paying income tax for a specific period, usually between five to ten years, to facilitate their establishment and production capacity enhancement. Furthermore, import capital goods and raw materials without paying any customs duty. This benefit helps reduce the overall cost of establishing production units, as capital goods and raw materials are usually expensive. This exemption is available for a period of five years from the start of production.  Qualify for streamlined export procedures, which means they do not have to comply with the various regulatory requirements that apply to other exporters. This simplifies the process of exporting goods and reduces the overall export cost. Moreover,  EDVs are entitled to reimbursement of central and state taxes paid on the export of goods, including excise duty, sales tax, and service tax. This reimbursement helps reduce the cost of production and export, giving these ventures a competitive advantage. In conclusion,  export-driven ventures provide significant benefits and incentives to help them establish and grow their businesses. By taking advantage of these provisions, entrepreneurs and businesses can establish and grow their export-driven ventures while reducing costs and increasing competitiveness in foreign markets. section 10B of Income Tax Act, 1961 (1) Subject to the provisions of this section, a deduction of such profits and gains as are derived by a hundred per cent export-oriented undertaking from the export of articles or things or computer software for a period of ten consecutive assessment years beginning with the assessment year relevant to the previous year in which the undertaking begins to manufacture or produce articles or things or computer software, as the case may be, shall be allowed from the total income of the assessee : Provided that where in computing the total income of the undertaking for any assessment year, its profits and gains had not been included by application of the provisions of this section as it stood immediately before its substitution by the Finance Act, 2000, the undertaking shall be entitled to the deduction referred to in this sub-section only for the unexpired period of aforesaid ten consecutive assessment years : Provided further that for the assessment year beginning on the 1st day of April, 2003, the deduction under this sub-section shall be ninety per cent of the profits and gains derived by an undertaking from the export of such articles or things or computer software: Provided also that no deduction under this section shall be allowed to any undertaking for the assessment year beginning on the 1st day of April, 2012 and subsequent years : Provided also that no deduction under this section shall be allowed to an assessee who does not furnish a return of his income on or before the due date specified under sub-section (1) of section 139. (2) This section applies to any undertaking which fulfils all the following conditions, namely :—  (i)  it manufactures or produces any articles or things or computer software; (ii)  it is not formed by the splitting up, or the reconstruction, of a business already in existence : Provided that this condition shall not apply in respect of any undertaking which is formed as a result of the re-establishment, reconstruction or revival by the assessee of the business of any such undertaking as is referred to in section 33B, in the circumstances and within the period specified in that section; (iii) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose. Explanation.—The provisions of Explanation 1 and Explanation 2 to sub-section (2) of section 80-I shall apply for the purposes of clause (iii) of this sub-section as they apply for the purposes of clause (ii) of that sub-section. (3) This section applies to the undertaking, if the sale proceeds of articles or things or computer software exported out of India are received in, or brought into, India by the assessee in convertible foreign exchange, within a period of six months from the end of the previous year or, within such further period as the competent authority may allow in this behalf. Explanation 1.—For the purposes of this sub-section, the expression “competent authority” means the Reserve Bank of India or such other authority as is authorised under any law for the time being in force for regulating payments and dealings in foreign exchange. Explanation 2.—The sale proceeds referred to in this sub-section shall be deemed to have been received in India where such sale proceeds are credited to a separate account maintained for the purpose by the assessee with any bank outside India with the approval of the Reserve Bank of India. (4) For the purposes of sub-section (1), the profits derived from export of articles or things or computer software shall be the amount which bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such articles or things or computer software bears to the total turnover of the business carried on by the undertaking. (5) The deduction under sub-section (1) shall not be admissible for any assessment year beginning on or after the 1st day of April, 2001, unless the assessee furnishes in the prescribed form, along with the return of income, the report of an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed in accordance with the provisions of this section. (6) Notwithstanding anything contained in any other provision of this Act, in computing the total income of the assessee of the previous year relevant to the assessment year immediately succeeding the last of the relevant assessment years, or of any previous year, relevant to any subsequent assessment year,—

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Special provisions in respect of newly established Units in Special Economic Zones

Special provisions in respect of newly established Units in Special Economic Zones

Special Economic Zones (SEZs) are defined regions offering specific economic regulations, tax incentives, and other amenities to attract investment, promote industrial growth and stimulate exports. Introduced by the Indian government in 2005, SEZs have been established throughout the country. Newly established units within SEZs receive several provisions to encourage investment and export activities. Here are some of the benefits provided to these units: Tax Advantages: Units within SEZs are entitled to income tax benefits as per the Income Tax Act.   Customs Benefits: Units within SEZs are allowed to import capital goods, raw materials, and other production inputs duty-free. They are also permitted to procure goods from the domestic market without paying customs duty. This concession reduces operational costs, making them more competitive in the global market. Foreign Investment: Foreign investors can invest in units within SEZs through the automatic route, which does not require prior government approval. This provision encourages foreign investment in SEZs, creating jobs and boosting economic growth. Streamlined Processes: Units within SEZs are granted simplified procedures for importing and exporting goods. They can self-certify the origin of goods and issue certificates of origin for export purposes. They are also allowed to maintain accounts in foreign currency, which simplifies accounting and enables faster payment settlement. Single Window Clearance: Units within SEZs receive a single window clearance system for all approvals and clearances required for their operations. This system simplifies the process of obtaining various approvals and clearances from different authorities, reducing time and cost. In conclusion, SEZs provide special provisions to newly established units to promote investment, exports, and economic growth. SEZs have successfully attracted foreign investment, boosted exports, and created employment opportunities. The Indian government is continually improving the SEZ policy to make it more effective and appealing to investors. section 10AA of Income Tax Act, 1961 (1) Subject to the provisions of this section, in computing the total income of an assessee, being an entrepreneur as referred to in clause (j) of section 2 of the Special Economic Zones Act, 2005, from his Unit, who begins to manufacture or produce articles or things or provide any services during the previous year relevant to any assessment year commencing on or after the 1st day of April, 2006, but before the first day of April, 2021, the following deduction shall be allowed— (i)  hundred per cent of profits and gains derived from the export, of such articles or things or from services for a period of five consecutive assessment years beginning with the assessment year relevant to the previous year in which the Unit begins to manufacture or produce such articles or things or provide services, as the case may be, and fifty per cent of such profits and gains for further five assessment years and thereafter; (ii)  for the next five consecutive assessment years, so much of the amount not exceeding fifty per cent of the profit as is debited to the profit and loss account of the previous year in respect of which the deduction is to be allowed and credited to a reserve account (to be called the “Special Economic Zone Re-investment Reserve Account”) to be created and utilized for the purposes of the business of the assessee in the manner laid down in sub-section (2). Explanation.—For the removal of doubts, it is hereby declared that the amount of deduction under this section shall be allowed from the total income of the assessee computed in accordance with the provisions of this Act, before giving effect to the provisions of this section and the deduction under this section shall not exceed such total income of the assessee. (2) The deduction under clause (ii) of sub-section (1) shall be allowed only if the following conditions are fulfilled, namely :— (a)  the amount credited to the Special Economic Zone Re-investment Reserve Account is to be utilised—  (i)  for the purposes of acquiring machinery or plant which is first put to use before the expiry of a period of three years following the previous year in which the reserve was created; and  (ii) until the acquisition of the machinery or plant as aforesaid, for the purposes of the business of the undertaking other than for distribution by way of dividends or profits or for remittance outside India as profits or for the creation of any asset outside India; (b)  the particulars, as may be specified by the Central Board of Direct Taxes in this behalf, under clause (b) of sub-section (1B) of section 10A have been furnished by the assessee in respect of machinery or plant along with the return of income61 for the assessment year relevant to the previous year in which such plant or machinery was first put to use. (3) Where any amount credited to the Special Economic Zone Re-investment Reserve Account under clause (ii) of sub-section (1),— (a)  has been utilised for any purpose other than those referred to in sub-section (2), the amount so utilised; or (b)  has not been utilised before the expiry of the period specified in sub-clause (i) of clause (a) of sub-section (2), the amount not so utilised, shall be deemed to be the profits,—  (i)  in a case referred to in clause (a), in the year in which the amount was so utilised; or (ii)  in a case referred to in clause (b), in the year immediately following the period of three years specified in sub-clause (i) of clause (a) of sub-section (2), and shall be charged to tax accordingly : Provided that where in computing the total income of the Unit for any assessment year, its profits and gains had not been included by application of the provisions of sub-section (7B) of section 10A, the undertaking, being the Unit shall be entitled to deduction referred to in this sub-section only for the unexpired period of ten consecutive assessment years and thereafter it shall be eligible for deduction from income as provided in clause (ii) of sub-section (1). Explanation.—For the removal of doubts, it is hereby declared that an undertaking, being the Unit,

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Special provision in respect of newly established undertakings in free trade zone, etc

The Indian government has launched a plan called the Special Provision for Newly Established Undertakings in Free Trade Zone, etc. This strategy is designed to promote investment in particular regions of the country by providing tax benefits and other incentives to newly established undertakings operating in Free Trade Zones (FTZs) and Special Economic Zones (SEZs). This program is covered under Section 115A of the Income Tax Act, 1961, and applies to any new industrial undertaking that commences operations on or after April 1, 2002, in a free trade zone, export processing zone, software technology park, or special economic zone. These undertakings can avail of tax benefits under the program for a period of five years, starting from the year in which the undertaking starts operating. Under the Special Provision scheme, newly established undertakings are subject to a reduced tax rate of 15% for the initial five years of operation. This tax rate is significantly lower than the standard corporate tax rate of 30% for domestic companies. Moreover, newly established undertakings are not liable to pay Minimum Alternate Tax (MAT) for the first five years of operation. MAT is a tax imposed on companies that have a book profit but pay little or no tax due to exemptions and deductions. Furthermore, newly established undertakings can benefit from various non-tax incentives, such as exemption from customs and excise duties on imported and indigenous goods used in the production process, the liberty to outsource production processes, and permission to sell goods in the domestic market subject to specific terms and conditions. Nevertheless, newly established undertakings must meet specific criteria to qualify for the benefits of the Special Provision scheme. For example, they must not have been established by splitting up or reconstructing an existing business, and they must not have been formed due to the transfer of an existing business to a new location. In conclusion, the Special Provision for Newly Established Undertakings in Free Trade Zone, etc. is a valuable scheme for newly established undertakings operating in FTZs and SEZs. This scheme provides a range of tax and non-tax incentives that can significantly reduce the financial burden on these undertakings, fostering investment in these regions and contributing to the growth of the economy. Section 10A of Income Tax Act, 1961 (1) Subject to the provisions of this section, a deduction of such profits and gains as are derived by an undertaking from the export of articles or things or computer software for a period of ten consecutive assessment years beginning with the assessment year relevant to the previous year in which the undertaking begins to manufacture or produce such articles or things or computer software, as the case may be, shall be allowed from the total income of the assessee : Provided that where in computing the total income of the undertaking for any assessment year, its profits and gains had not been included by application of the provisions of this section as it stood immediately before its substitution by the Finance Act, 2000, the undertaking shall be entitled to deduction referred to in this sub-section only for the unexpired period of the aforesaid ten consecutive assessment years : Provided further that where an undertaking initially located in any free trade zone or export processing zone is subsequently located in a special economic zone by reason of conversion of such free trade zone or export processing zone into a special economic zone, the period of ten consecutive assessment years referred to in this sub-section shall be reckoned from the assessment year relevant to the previous year in which the undertaking began to manufacture or produce such articles or things or computer software in such free trade zone or export processing zone : Provided also that for the assessment year beginning on the 1st day of April, 2003, the deduction under this sub-section shall be ninety per cent of the profits and gains derived by an undertaking from the export of such articles or things or computer software : Provided also that no deduction under this section shall be allowed to any undertaking for the assessment year beginning on the 1st day of April, 2012 and subsequent years. (1A) Notwithstanding anything contained in sub-section (1), the deduction, in computing the total income of an undertaking, which begins to manufacture or produce articles or things or computer software during the previous year relevant to any assessment year commencing on or after the 1st day of April, 2003, in any special economic zone, shall be,— (i)  hundred per cent of profits and gains derived from the export of such articles or things or computer software for a period of five consecutive assessment years beginning with the assessment year relevant to the previous year in which the undertaking begins to manufacture or produce such articles or things or computer software, as the case may be, and thereafter, fifty per cent of such profits and gains for further two consecutive assessment years, and thereafter; (ii)  for the next three consecutive assessment years, so much of the amount not exceeding fifty per cent of the profit as is debited to the profit and loss account of the previous year in respect of which the deduction is to be allowed and credited to a reserve account (to be called the “Special Economic Zone Re-investment Allowance Reserve Account”) to be created and utilised for the purposes of the business of the assessee in the manner laid down in sub-section (1B) : Provided that no deduction under this section shall be allowed to an assessee who does not furnish a return of his income on or before the due date specified under sub-section (1) of section 139. (1B) The deduction under clause (ii) of sub-section (1A) shall be allowed only if the following conditions are fulfilled, namely:— (a)  the amount credited to the Special Economic Zone Re-investment Allowance Reserve Account is to be utilised—  (i)  for the purposes of acquiring new machinery or plant which is first put to use before the expiry of a period of three years next

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Incomes not included in total income

The Income Tax Act provides for various types of income that are not taxable and are thus excluded from an individual’s total income. Let’s discuss some of the most common examples of such income. Agricultural income is a typical category of income that is exempt from tax. It refers to any income earned from selling agricultural produce or renting agricultural land. However, if a person’s non-agricultural income exceeds the basic exemption limit, then the agricultural income will be taken into account for taxation purposes. Another type of income that is not included in total income is dividend income received from Indian companies. Nevertheless, the company distributing the dividend must pay a dividend distribution tax of 15% on the gross amount of dividend paid. Gifts received by an individual from specific relatives such as parents, siblings, spouses, or children are also not included in total income. However, any gift received from non-relatives exceeding Rs. 50,000 in a financial year is taxable as income from other sources. The proceeds received from a life insurance policy on the death of the insured are not included in the total income of the nominee. However, any interest earned on the proceeds is taxable. Scholarships granted to cover the cost of education are not included in the total income of the student. However, any scholarship granted for research or any other purpose is taxable. Gratuity received by an employee on retirement, death, or disablement is exempt up to a certain limit based on the number of years of service. The exemption limit is Rs. 20 lakhs. Leave encashment received by an employee at the time of retirement or resignation is exempt up to a certain limit based on the number of years of service. The exemption limit is Rs. 3 lakhs. Long-term capital gains on the sale of listed securities, units of equity-oriented mutual funds, and immovable property are exempt if the gains are invested in specified assets. However, the exemption is subject to certain conditions and limits. Lastly, interest income earned on tax-free instruments such as PPF, EPF, and tax-free bonds is not included in the total income. However, interest earned on fixed deposits, savings accounts, and other taxable instruments is taxable. It’s important for individuals to be aware of these exemptions as they can aid in financial planning and reduce tax liability. Consulting a tax expert is advised to better understand these exemptions and their implications. Section 10 of Income Tax Act 1961 In computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included— (1) agricultural income ; (2) subject to the provisions of sub-section (2) of section 64, any sum received by an individual as a member of a Hindu undivided family, where such sum has been paid out of the income of the family, or, in the case of any impartible estate, where such sum has been paid out of the income of the estate belonging to the family ; (2A) in the case of a person being a partner of a firm which is separately assessed as such, his share in the total income of the firm. Explanation.—For the purposes of this clause, the share of a partner in the total income of a firm separately assessed as such shall, notwithstanding anything contained in any other law, be an amount which bears to the total income of the firm the same proportion as the amount of his share in the profits of the firm in accordance with the partnership deed bears to such profits ; (3) [***] (4) (i) in the case of a non-resident, any income by way of interest on such securities or bonds as the Central Government may, by notification in the Official Gazette, specify in this behalf, including income by way of premium on the redemption of such bonds : Provided that the Central Government shall not specify, for the purposes of this sub-clause, such securities or bonds on or after the 1st day of June, 2002; (ii) in the case of an individual, any income by way of interest on moneys standing to his credit in a Non-Resident (External) Account in any bank in India in accordance with the Foreign Exchange Management Act, 1999 (42 of 1999), and the rules made thereunder : Provided that such individual is a person resident outside India as defined in clause (w) of section 2 of the said Act or is a person who has been permitted by the Reserve Bank of India to maintain the aforesaid Account ; (4B) in the case of an individual, being a citizen of India or a person of Indian origin, who is a non-resident, any income from interest on such savings certificates issued before the 1st day of June, 2002 by the Central Government as that Government may, by notification in the Official Gazette, specify in this behalf : Provided that the individual has subscribed to such certificates in convertible foreign exchange remitted from a country outside India in accordance with the provisions of the Foreign Exchange Management Act, 1999 (42 of 1999), and any rules made thereunder. Explanation.—For the purposes of this clause,— (a) a person shall be deemed to be of Indian origin if he, or either of his parents or any of his grandparents, was born in undivided India ; (b) “convertible foreign exchange” means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the Foreign Exchange Management Act, 1999 (42 of 1999), and any rules made thereunder ; (4C) any income by way of interest payable to a non-resident, not being a company, or to a foreign company, by any Indian company or business trust in respect of monies borrowed from a source outside India by way of issue of rupee denominated bond, as referred to in clause (ia) of sub-section (2) of section 194LC, during the period beginning from the 17th day of September, 2018 and

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