Section 80 JJA of Income Tax Act "Deduction in respect of profits and gains from business of collecting and processing of bio-degradable waste"
80JJA. Where the gross total income of an assessee includes any profits and gains derived from the business of collecting and processing or treating of bio-degradable waste for generating power or producing bio-fertilizers, bio-pesticides or other biological agents or for producing bio-gas or making pellets or briquettes for fuel or organic manure, there shall be allowed, in computing the total income of the assessee, a deduction of an amount equal to the whole of such profits and gains for a period of five consecutive assessment years beginning with the assessment year relevant to the previous year in which such business commences.
Section 80 JJAA of Income Tax Act "Deduction in respect of employment of new workmen"
80JJAA. (1) Where the gross total income of an assessee
to whom section 44AB applies, includes any profits and gains
derived from business, there shall, subject to the
conditions specified in sub-section (2), be allowed a
deduction of an amount equal to thirty per cent of
additional employee cost incurred in the course of such
business in the previous year, for three assessment years
including the assessment year relevant to the previous year
in which such employment is provided.
(2) No deduction under sub-section (1) shall be allowed,—
(a) if the business is formed by splitting up, or the
reconstruction, of an existing business:
Provided that nothing contained in this clause shall apply
in respect of a business which is formed as a result of
re-establishment, reconstruction or revival by the assessee
of the business in the circumstances and within the period
specified in section 33B;
(b) if the business is acquired by the assessee by way of
transfer from any other person or as a result of any
business reorganisation;
(c) unless the assessee furnishes 41[the report of the
accountant, as defined in the Explanation below sub-section
(2) of section 288, before the specified date referred to in
section 44AB] giving such particulars in the report as may
be prescribed.
Explanation.—For the purposes of this section,—
(i) "additional employee cost" means the total emoluments
paid or payable to additional employees employed during the
previous year:
Provided that in the case of an existing business, the
additional employee cost shall be nil, if—
(a) there is no increase in the number of employees from the
total number of employees employed as on the last day of the
preceding year;
(b) emoluments are paid otherwise than by an account payee
cheque or account payee bank draft or by use of electronic
clearing system through a bank account 42[or through such
other electronic mode as may be prescribed]:
Provided further that in the first year of a new business,
emoluments paid or payable to employees employed during that
previous year shall be deemed to be the additional employee
cost;
(ii) "additional employee" means an employee who has been
employed during the previous year and whose employment has
the effect of increasing the total number of employees
employed by the employer as on the last day of the preceding
year, but does not include—
(a) an employee whose total emoluments are more than
twenty-five thousand rupees per month; or
(b) an employee for whom the entire contribution is paid by
the Government under the Employees' Pension Scheme notified
in accordance with the provisions of the Employees'
Provident Funds and Miscellaneous Provisions Act, 1952 (19
of 1952); or
(c) an employee employed for a period of less than two
hundred and forty days during the previous year; or
(d) an employee who does not participate in the recognised
provident fund:
Provided that in the case of an assessee who is engaged in
the business of manufacturing of apparel or footwear or
leather products, the provisions of sub-clause (c) shall
have effect as if for the words "two hundred and forty
days", the words "one hundred and fifty days" had been
substituted:
Provided further that where an employee is employed during
the previous year for a period of less than two hundred and
forty days or one hundred and fifty days, as the case may
be, but is employed for a period of two hundred and forty
days or one hundred and fifty days, as the case may be, in
the immediately succeeding year, he shall be deemed to have
been employed in the succeeding year and the provisions of
this section shall apply accordingly;
(iii) "emoluments" means any sum paid or payable to an
employee in lieu of his employment by whatever name called,
but does not include—
(a) any contribution paid or payable by the employer to any
pension fund or provident fund or any other fund for the
benefit of the employee under any law for the time being in
force; and
(b) any lump sum payment paid or payable to an employee at
the time of termination of his service or superannuation or
voluntary retirement, such as gratuity, severance pay, leave
encashment, voluntary retrenchment benefits, commutation of
pension and the like.
(3) The provisions of this section, as they stood
immediately prior to their amendment by the Finance Act,
2016, shall apply to an assessee eligible to claim any
deduction for any assessment year commencing on or before
the 1st day of April, 2016.