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        Case ID :

        Meassures to promote start-ups

        February 5, 2018

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        Meassures to promote start-ups

        Section 80-IAC of the Act, inter alia, provides that deduction under this section shall be available to an eligible start-up for three consecutive assessment years out of seven years at the option of the assessee, if-

        (i) it is incorporated on or after the 1st day of April, 2016 but before the 1st day of April, 2019;

        (ii) the total turnover of its business does not exceed twenty-five crore rupees in any of the previous years beginning on or after the 1st day of April, 2016 and ending on the 31st day of March, 2021; and

        (iii) it is engaged in the eligible business which involves innovation, development, deployment or commercialization of newproducts, processes or services driven by technology or intellectual property.

        In order to improve the effectiveness of the scheme for promoting start ups in India, it is proposed to make following changes in the taxation regime for the start ups:-

        (i) The benefit would also be available to start ups incorporated on or after the 1st day of April 2019 but before the 1st day of April, 2021;

        (ii) The requirement of the turnover not exceeding ₹ 25 Crore would apply to seven previous years commencing from the date of incorporation;

        (iii) The definition of eligible business has been expanded to provide that the benefit would be available if it is engaged ininnovation, development or improvement of products or processes or services, or a scalable business model with a high potential of employment generation or wealth creation.

        The amendment will take effect, from 1st April, 2018 and will, accordingly, apply in relation to the assessment year 2018-19 and subsequent assessment years.

        [Clause 26]

         

        Startup tax deduction extension broadens eligibility and redefines qualifying businesses, enhancing access to incentives. Availability of deduction under Section 80-IAC is extended and qualifying conditions modified: an eligible start-up may claim the deduction for three consecutive assessment years within a specified post incorporation window, subject to a turnover ceiling assessed across seven previous years commencing from the start up's date of incorporation, and subject to engagement in qualifying business activity (innovation, development or improvement of products, processes or services, or scalable business models with high potential for employment generation or wealth creation). The amendments apply from the start of the fiscal year and to the relevant assessment year and onward.
                        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.

                              Startup tax deduction extension broadens eligibility and redefines qualifying businesses, enhancing access to incentives.

                              Availability of deduction under Section 80-IAC is extended and qualifying conditions modified: an eligible start-up may claim the deduction for three consecutive assessment years within a specified post incorporation window, subject to a turnover ceiling assessed across seven previous years commencing from the start up's date of incorporation, and subject to engagement in qualifying business activity (innovation, development or improvement of products, processes or services, or scalable business models with high potential for employment generation or wealth creation). The amendments apply from the start of the fiscal year and to the relevant assessment year and onward.





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                              ActsIncome Tax
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