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Income-Tax Act - Section No. 115 JB
September, 01st 2010

83[Special provision for payment of tax by certain companies.84

115JB. (1) Notwithstanding anything contained in any other provision of this Act, where in the case of an assessee, being a company, the income-tax, payable on the total income as computed under this Act in respect of any previous year relevant to the assessment year commencing on or after 84a[the 1st day of April, 85[86[2010]]], is less than 86a[87[88[fifteen per cent]]] of its book profit, 89[such book profit shall be deemed to be the total income of the assessee and the tax payable by the assessee on such total income shall be the amount of income-tax at the rate of 86a[87[88[fifteen per cent]]].]

(2) Every assessee, being a company, shall, for the purposes of this section, prepare its profit and loss account for the relevant previous year in accordance with the provisions of Parts II and III of Schedule VI90 to the Companies Act, 1956 (1 of 1956) :

Provided that while preparing the annual accounts including profit and loss account,

           (i)  the accounting policies;

          (ii)  the accounting standards adopted for preparing such accounts including profit and loss account;

        (iii)  the method and rates adopted for calculating the depreciation,

shall be the same as have been adopted for the purpose of preparing such accounts including profit and loss account and laid before the company at its annual general meeting in accordance with the provisions of section 210 of the Companies Act, 1956 (1 of 1956) :

Provided further that where the company has adopted or adopts the financial year under the Companies Act, 1956 (1 of 1956), which is different from the previous year under this Act,

           (i)  the accounting policies;

          (ii)  the accounting standards adopted for preparing such accounts including profit and loss account;

        (iii)  the method and rates adopted for calculating the depreciation,

shall correspond to the accounting policies, accounting standards and the method and rates for calculating the depreciation which have been adopted for preparing such accounts including profit and loss account for such financial year or part of such financial year falling within the relevant previous year.

Explanation 91[1].For the purposes of this section, book profit means the net profit as shown in the profit and loss account for the relevant previous year prepared under sub-section (2), as increased by

          (a)  the amount of income-tax paid or payable, and the provision therefor; or

          (b)  the amounts carried to any reserves, by whatever name called 92[, other than a reserve specified under section 33AC]; or

           (c)  the amount or amounts set aside to provisions made for meeting liabilities, other than ascertained liabilities; or

          (d)  the amount by way of provision for losses of subsidiary companies; or

           (e)  the amount or amounts of dividends paid or proposed ; or

           (f)  the amount or amounts of expenditure relatable to any income to which 93[section 10 (other than the provisions contained in clause (38) thereof) or 94[***] section 11 or section 12 apply; or]

      95[(g) the amount of depreciation,]

      96[(h)  the amount of deferred tax and the provision therefor,

       97[(i)  the amount or amounts set aside as provision for diminution in the value of any asset,

if any amount referred to in clauses (a) to (i) is debited to the profit and loss account, and as reduced by,]]

       98[(i) the amount withdrawn from any reserve or provision (excluding a reserve created before the 1st day of April, 1997 otherwise than by way of a debit to the profit and loss account), if any such amount is credited to the profit and loss account:

                  Provided that where this section is applicable to an assessee in any previous year, the amount withdrawn from reserves created or provisions made in a previous year relevant to the assessment year commencing on or after the 1st day of April, 1997 shall not be reduced from the book profit unless the book profit of such year has been increased by those reserves or provisions (out of which the said amount was withdrawn) under this Explanation or Explanation below the second proviso to section 115JA, as the case may be; or]

          (ii)  the amount of income to which any of the provisions of 99[section 10 (other than the provisions contained in clause (38) thereof)] or 1[***] section 11 or section 12 apply, if any such amount is credited to the profit and loss account; or

    2[(iia)  the amount of depreciation debited to the profit and loss account (excluding the depreciation on account of revaluation of assets); or

       (iib)  the amount withdrawn from revaluation reserve and credited to the profit and loss account, to the extent it does not exceed the amount of depreciation on account of revaluation of assets referred to in clause (iia); or]

     3[(iii)  the amount of loss brought forward or unabsorbed depreciation, whichever is less as per books of account.

                  Explanation.For the purposes of this clause,

      (a) the loss shall not include depreciation;

      (b) the provisions of this clause shall not apply if the amount of loss brought forward or unabsorbed depreciation is nil; or]

         (iv)  the amount of profits eligible for deduction under section 80HHC, computed under clause (a) or clause (b) or clause (c) of sub-section (3) or sub-section (3A), as the case may be, of that section, and subject to the conditions specified in that section; or

           (v)  the amount of profits eligible for deduction under section 80HHE computed under sub-section (3) or sub-section (3A), as the case may be, of that section, and subject to the conditions specified in that section; or

         (vi)  the amount of profits eligible for deduction under section 80HHF computed under sub-section (3) of that section, and subject to the conditions specified in that section; or

        (vii)  the amount of profits of sick industrial company for the assessment year commencing on and from the assessment year relevant to the previous year in which the said company has become a sick industrial company under sub-section (1) of section 174 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986) and ending with the assessment year during which the entire net worth of such company becomes equal to or exceeds the accumulated losses.

                  Explanation.For the purposes of this clause, net worth shall have the meaning assigned to it in clause (ga) of sub-section (1) of section 35 of the Sick Industrial Companies (Special Provisions) Act, 1985 (1 of 1986); or

   6[(viii)  the amount of deferred tax, if any such amount is credited to the profit and loss account.]

6[Explanation 2. For the purposes of clause (a) of Explanation 1, the amount of income-tax shall include

           (i)  any tax on distributed profits under section 115-O or on distributed income under section 115R;

          (ii)  any interest charged under this Act;

        (iii)  surcharge, if any, as levied by the Central Acts from time to time;

         (iv)  Education Cess on income-tax, if any, as levied by the Central Acts from time to time; and

           (v)  Secondary and Higher Education Cess on income-tax, if any, as levied by the Central Acts from time to time.]

(3) Nothing contained in sub-section (1) shall affect the determination of the amounts in relation to the relevant previous year to be carried forward to the subsequent year or years under the provisions of sub-section (2) of section 32 or sub-section (3) of section 32A or clause (ii) of sub-section (1) of section 72 or section 73 or section 74 or sub-section (3) of section 74A.

(4) Every company to which this section applies, shall furnish a report in the prescribed form7 from an accountant as defined in the Explanation below sub-section (2) of section 288, certifying that the book profit has been computed in accordance with the provisions of this section along with the return of income filed under sub-section (1) of section 139 or along with the return of income furnished in response to a notice under clause (i) of sub-section (1) of section 142.

(5) Save as otherwise provided in this section, all other provisions of this Act shall apply to every assessee, being a company, mentioned in this section.]

8[(6) The provisions of this section shall not apply to the income accrued or arising on or after the 1st day of April, 2005 from any business carried on, or services rendered, by an entrepreneur or a Developer, in a Unit or Special Economic Zone, as the case may be.]

 
 
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