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What is Investment in new plant or machinery? Section 32AC of Income Tax Act 1961

Investment in new plant or machinery is defined under section 32AC of Income Tax Act 1961. Provisions under this section is:

Section 32AC of Income Tax Act "Investment in new plant or machinery"

32AC. (1) Where an assessee, being a company, engaged in the busi- ness of manufacture or production of any article or thing, acquires and installs new asset after the 31st day of March, 2013 but before the 1st day of April, 2015 and the aggregate amount of actual cost of such new assets exceeds one hundred crore rupees, then, there shall be allowed a deduction,—
(a) for the assessment year commencing on the 1st day of April, 2014, of a sum equal to fifteen per cent of the actual cost of new assets acquired and installed after the 31st day of March, 2013 but before the 1st day of April, 2014, if the aggregate amount of actual cost of such new assets exceeds one hundred crore rupees; and
(b) for the assessment year commencing on the 1st day of April, 2015, of a sum equal to fifteen per cent of the actual cost of new assets acquired and installed after the 31st day of March, 2013 but before the 1st day of April, 2015, as reduced by the amount of deduction allowed, if any, under clause (a).

 

1A) Where an assessee, being a company, engaged in the business of manufacture or production of any article or thing, acquires and installs new assets and the amount of actual cost of such new assets acquired and installed during any previous year exceeds twenty-five crore rupees, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new assets for the assessment year relevant to that previous year:
Provided that no deduction under this sub-section shall be allowed for the assessment year commencing on the 1st day of April, 2015 to the assessee, which is eligible to claim deduction under sub-section (1) for the said assessment year.
(1B) No deduction under sub-section (1A) shall be allowed for any assessment year commencing on or after the 1st day of April, 2018.]

 

(2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger, within a period of five years from the date of its installation, the amount of deduction allowed under sub-section (1) 18[or sub-section (1A)] in respect of such new asset shall be deemed to be the income of the assessee chargeable under the head "Profits and gains of business or profession" of the previous year in which such new asset is sold or otherwise transferred, in addition to taxability of gains, arising on account of transfer of such new asset.
(3) Where the new asset is sold or otherwise transferred in connection with the amalgamation or demerger within a period of five years from the date of its installation, the provisions of sub-section (2) shall apply to the amalgamated company or the resulting company, as the case may be, as they would have applied to the amalgamating company or the demerged company.
(4) For the purposes of this section, "new asset" means any new plant or machinery (other than ship or aircraft) but does not include—
(i) any plant or machinery which before its installation by the assessee was used either within or outside India by any other person;
(ii) any plant or machinery installed in any office premises or any residential accommodation, including accommodation in the nature of a guest house;
(iii) any office appliances including computers or computer software;
(iv) any vehicle; or
(v) any plant or machinery, the whole of the actual cost of which is allowed as deduction (whether by way of depreciation or otherwise) in computing the income chargeable under the head "Profits and gains of business or profession" of any previous year.]
Following section 32AD shall be inserted after section 32AC by the Finance Act, 2015, w.e.f. 1-4-2016 :

Income Tax Act 1961

What is Profits and gains of business or profession? Section 28 of Income Tax Act 1961

What is Income from profits and gains of business or profession, how computed? What is Rent, rates, taxes, repairs and insurance for buildings? Section 29 and 30 of Income Tax Act 1961

What is Repairs and insurance of machinery, plant and furniture? Section 31 of Income Tax Act 1961

What is Depreciation? Section 32 of Income Tax Act 1961

What is Investment allowance? Section 32A of Income Tax Act 1961

What is Investment deposit account? Section 32AB of Income Tax Act 1961

What is Investment in new plant or machinery? Section 32AC of Income Tax Act 1961

What is Investment in new plant or machinery in notified backward areas in certain States? Section 32AD of Income Tax Act 1961

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