Special provision for computing profits and gains of the business of operation of aircraft in the case of non-resident - (New) Section 61(2)(table Sl. no. 3) / (Old) Section 44BBA
Profit and Gains of Business or Profession
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Presumptive taxation for non-resident aircraft operators applies a deemed profit rate and bars ordinary deductions. Special presumptive-computation rule applies to non-residents carrying on the business of operating aircraft. Business profits from such operations are deemed to be chargeable under the head Profits and gains of business or profession at 5% of the aggregate of amounts received or receivable for carriage of passengers, livestock, mail or goods from places in India, and amounts received or deemed to be received in India for similar carriage from places outside India. The provision overrides contrary provisions and disallows deductions, losses or allowances against the computed income.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Presumptive taxation for non-resident aircraft operators applies a deemed profit rate and bars ordinary deductions.
Special presumptive-computation rule applies to non-residents carrying on the business of operating aircraft. Business profits from such operations are deemed to be chargeable under the head Profits and gains of business or profession at 5% of the aggregate of amounts received or receivable for carriage of passengers, livestock, mail or goods from places in India, and amounts received or deemed to be received in India for similar carriage from places outside India. The provision overrides contrary provisions and disallows deductions, losses or allowances against the computed income.
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