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Income-Tax Act - Section No. 80ID
August, 25th 2010

95[Deduction in respect of profits and gains from business of hotels and convention centres in specified area.

80-ID.   (1) Where the gross total income of an assessee includes any profits and gains derived by an undertaking from any business referred to in sub-section (2) (such business being hereinafter referred to as the eligible business), there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of an amount equal to hundred per cent of the profits and gains derived from such business for five consecutive assessment years beginning from the initial assessment year.

(2) This section applies to any undertaking,

           (i)  engaged in the business of hotel located in the specified area, if such hotel is constructed and has started or starts functioning at any time during the period beginning on the 1st day of April, 2007 and ending on 95a[the 31st day of March, 2010]; or

          (ii)  engaged in the business of building, owning and operating a convention centre, located in the specified area, if such convention centre is constructed at any time during the period beginning on the 1st day of April, 2007 and ending on 95a[the 31st day of March, 2010]; 96[or]

    97[(iii)  engaged in the business of hotel located in the specified district having a World Heritage Site, if such hotel is constructed and has started or starts functioning at any time during the period beginning on the 1st day of April, 2008 and ending on the 31st day of March, 2013.]

(3) The deduction under sub-section (1) shall be available only if

           (i)  the eligible business is not formed by the splitting up, or the reconstruction, of a business already in existence;

          (ii)  the eligible business is not formed by the transfer to a new business of a building previously used as a hotel or a convention centre, as the case may be;

        (iii)  the eligible business is not formed by the transfer to a new business of machinery or plant previously used for any purpose.

                  Explanation.The provisions of Explanations 1 and 2 to sub-section (3) of section 80-IA 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;

         (iv)  the assessee furnishes along with the return of income, the report of an audit in such form and containing such particulars as may be prescribed98, and duly signed and verified by an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed.

(4) Notwithstanding anything contained in any other provision of this Act, in computing the total income of the assessee, no deduction shall be allowed under any other section contained in Chapter VIA or section 10AA, in relation to the profits and gains of the undertaking.

(5) The provisions contained in sub-section (5) and sub-sections (8) to (11) of section 80-IA shall, so far as may be, apply to the eligible business under this section.

(6) For the purposes of this section,

          (a)  convention centre means a building of a prescribed area comprising of convention halls to be used for the purpose of holding conferences and seminars, being of such size and number and having such other facilities and amenities, as may be prescribed99;

          (b)  hotel means a hotel of two-star, three-star or four-star category as classified by the Central Government;

           (c)  initial assessment year

       (i)  in the case of a hotel, means the assessment year relevant to the previous year in which the business of the hotel starts functioning;

     (ii)  in the case of a convention centre, means the assessment year relevant to the previous year in which the convention centre starts operating on a commercial basis;

          (d)  specified area means the National Capital Territory of Delhi and the districts of Faridabad, Gurgaon, Gautam Budh Nagar and Ghaziabad;]

        1[(e)  specified district having a World Heritage Site means districts, specified in column (2) of the Table below, of the States, specified in the corresponding entry in column (3) of the said Table:

Table

S.No.

Name of district

Name of State

(1)

(2)

(3)

1.

Agra

Uttar Pradesh

2.

Jalgaon

Maharashtra

3.

Aurangabad

Maharashtra

4.

Kancheepuram

Tamil Nadu

5.

Puri

Orissa

6.

Bharatpur

Rajasthan

7.

Chhatarpur

Madhya Pradesh

8.

Thanjavur

Tamil Nadu

9.

Bellary

Karnataka

10.

South 24 Parganas (excluding areas falling within the Kolkata urban agglomeration on the basis of the 2001 census)

West Bengal

11.

Chamoli

Uttarakhand

12.

Raisen

Madhya Pradesh

13.

Gaya

Bihar

14.

Bhopal

Madhya Pradesh

15.

Panchmahal

Gujarat

16.

Kamrup

Assam

17.

Goalpara

Assam

18.

Nagaon

Assam

19.

North Goa

Goa

20.

South Goa

Goa

21.

Darjeeling

West Bengal

22.

Nilgiri

Tamil Nadu.]

 

 
 
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