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Deduction under this section is available to all categories of assessees being entrepreneurs viz., individuals, firms, companies, etc. who derive any profits or gains from an undertaking being a unit engaged in the export of articles or things or providing any service.
The deduction shall apply to an undertaking which fulfils the following conditions:
(i) It has begun or begins to manufacture or produce articles or things or provide any service during the previous year 2005-06 or thereafter but before 1.4.2020 in any Special Economic Zone.
(ii) It should not be formed by the splitting up or reconstruction of a business already in existence. However, deduction is provided if the unit is formed as a result of the reestablishment, reconstruction or revival by the assessee of the business of the undertaking as is referred to and satisfying the conditions in section 33B.
(iii) It should also not be formed by the transfer of machinery or plant, previously used for any purpose, to a new business. However, the following are the two exceptions to this condition:
(1) Machinery or plant which was used outside India by any person other than the assessee shall not be regarded as machinery or plant previously used for any purpose, if the following conditions are fulfilled:
(a) The machinery or plant should not be previously used in India.
(b) The machinery or plant should be imported into India from a foreign country.
(c) No deduction on account of depreciation in respect of such machinery or plant has been allowed or is allowable under the provisions of this Act to any person previously.
(2) Deduction under section 10AA will, be available if the total value of the second hand machinery or plant transferred to the new undertaking does not exceed 20% of the total value of the machinery or plant used in the industrial unit.
(iv) The assessee should furnish in the prescribed form [Form No. 56F], alongwith the return of income the report of a chartered accountant certifying that the deduction has been correctly claimed in accordance with the provisions of this section.
Amendment made by the Finance Act, 2020
Due date of furnishing the report in Form No. 56F [Section 10AA] [W.e.f. A.Y. 2020-21]
The report is to be furnished at least one month prior to the due date for furnishing the return of income under section 139(1) i.e. by 30th September of the assessment year as the date for furnishing the return of income has been extended to 31st October of the assessment year. However, in the case of an assessee who is required to furnish a report referred to in section 92E, the due date of furnishing the audit report in Form No. 56F shall be 31st October. |
(v) If there is any inter unit transfer of goods or services, it should be done at the market value.
The deduction under this section shall be allowed as under for a total period of 15 relevant assessment years.
1. |
For the first 5 consecutive assessment years beginning with the assessment year relevant to the previous year in which the unit begins to manufacture such articles or things or provide services |
100% of the profits and gains derived from the export of such articles or things or from services |
2. |
Next 5 consecutive assessment years |
50% of such profits or gains |
3. |
Next 5 consecutive assessment years |
So much of the amount not exceeding 50% of the profits as is debited to profit and loss account of the previous year in respect of which the deduction is to be allowed and credited to Special Economic Zone Reinvestment Reserve Account to be created and utilised for the purpose of acquiring new machinery or plant which should be put to use before the expiry of a period of 3 years next following the previous year in which the reserve was created. |
Deduction under this section shall be calculated as under :
1. Profit from business is to be computed as per provisions of computing the income under the head profits and gains of business or profession.
2. "Export turnover" means the consideration in respect of export by the undertaking, being the unit of articles or things or services received in, or brought into, India by the assessee but does not include freight, telecommunication charges or insurance attributable to the delivery of the articles or things outside India or expenses, if any, incurred in foreign exchange in rendering of services (including computer software) outside India. [Explanation 1(i) to section 10AA] |
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