Special provision for computing profits and gains of foreign companies engaged in the business of civil construction - (New) Section 61(2)(table Sl. No. 4) / (Old) Section 44BBB
Profit and Gains of Business or Profession
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Presumptive taxation for foreign turnkey power project contractors deems profits at a fixed rate with audit-based lower income option. A special presumptive regime applies to foreign companies undertaking civil construction, erection, testing or commissioning work for approved turnkey power projects. Profits are deemed at 10% of the relevant amounts paid or payable, subject to a lower-income claim only where prescribed books are maintained and audit requirements are met. The regime overrides contrary computation provisions, disallows other deductions against the computed income, and treats assets as if depreciation had been claimed and allowed.
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 foreign turnkey power project contractors deems profits at a fixed rate with audit-based lower income option.
A special presumptive regime applies to foreign companies undertaking civil construction, erection, testing or commissioning work for approved turnkey power projects. Profits are deemed at 10% of the relevant amounts paid or payable, subject to a lower-income claim only where prescribed books are maintained and audit requirements are met. The regime overrides contrary computation provisions, disallows other deductions against the computed income, and treats assets as if depreciation had been claimed and allowed.
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