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What is Special provision in respect of certain industrial undertakings in North- Eastern Region? Section 10C of Income Tax Act 1961

Special provision in respect of certain industrial undertakings in North- Eastern Region is defined under section 10C of Income Tax Act 1961. Provision under this section is:

Section 10C of Income Tax Act "Special provision in respect of certain industrial undertakings in North- Eastern Region"

10C. (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, which the Central Government, may, by notification in the Official Gazette, specify for the purposes of this section;

(ii) "Industrial Growth Centre" means such centres located in the States of the North-Eastern Region, which the Central Government may, by notification in the Official Gazette, specify for the purposes of this section;

(iii) "North-Eastern Region" means the region comprising the States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim and Tripura;

(iv) "relevant assessment years" means the ten consecutive years beginning with the year in which the industrial undertaking begins to manufacture or produce articles or things.

   
 

Income Tax Act 1961

What are the Definitions under Income Tax 1961? Section 2 of Income Tax Act 1961

What is Previous Year? What is Charge of Income tax? Section 3 and 4 of Income Tax Act 1961

What is Scope of total income? What is Apportionment of income between spouses governed by Portuguese Civil Code? Section 5 and 5A of Income Tax Act 1961

What is Residence in India? What is Income deemed to be received? Section 6 and 7 of Income Tax Act 1961

What is Dividend income? Section 8 of Income Tax Act 1961

What is Income deemed to accrue or arise in India? Section 9 of Income Tax Act 1961

What is the meaning of Certain activities not to constitute business connection in India? Section 9A of Income Tax Act 1961

What are the Incomes not included in total income? Section 10 of Income Tax Act 1961

What is the Special provision in respect of newly established undertakings in free trade zone, etc? Section 10A of Income Tax Act 1961

What is the Special provisions in respect of newly established Units in Special Economic Zones? Section 10AA of Income Tax Act 1961

What is the Special provisions in respect of newly established hundred per cent export-oriented undertakings? Section 10B of Income Tax Act 1961

What is Special provisions in respect of export of certain articles or things? Section 10BA of Income Tax Act 1961

What is Meaning of computer programmes in certain cases? Section 10BB of Income Tax Act 1961

What is Special provision in respect of certain industrial undertakings in North- Eastern Region? Section 10C of Income Tax Act 1961

 

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