Credit of Alternate Minimum Tax

     The existing provisions of sub-section (1) of section 115JEE of the Act provide that the provisions of Chapter-XII BA shall be applicable to any person who has claimed a deduction under part C of Chapter VI-A or claimed a deduction u/s 10AA. Further the present provisions of sub-section (2) of section 115JEE provide that the Chapter shall not be applicable to an individual or an HUF or an association of persons or a body of individuals (whether incorporated or not) or an artificial juridical person if the adjusted total income does not exceed twenty lakh rupees. This has created difficulty in claim of credit of alternate minimum tax under section 115JD in an assessment year where the income is not more than twenty lakh rupees or there is no claim of any deduction under section 10AA or Chapter VI-A.

     With a view to enable an assessee who has paid alternate minimum tax in any earlier previous year to claim credit of the same, in any subsequent year, it is proposed to amend this section so as to provide that the credit for tax paid under section 115JC shall be allowed in accordance with the provisions of section 115JD, notwithstanding the conditions mentioned in sub-section(1) or (2) of section 115JEE.

     This amendment will take effect from 1st April, 2015 and will, accordingly, apply in relation to the assessment year 2015-16 and subsequent assessment years.

[Clause 39]

Alternate minimum tax credit allowed to be carried forward and claimed despite previous applicability restrictions in later years. The amendment allows taxpayers who paid alternate minimum tax in an earlier year to claim credit in subsequent years in accordance with the credit provisions, notwithstanding prior applicability conditions that had required particular deductions or an adjusted total income threshold. The change removes impediments to claiming alternate minimum tax credit and is effective from the fiscal year commencing 1st April and applies to the specified assessment year and thereafter.