Rationalisation of provision of section 115BA relating to certain domestic companies

Section 115BA of the Act provides that the total income of a newly set up domestic company engaged in business of manufacture or production of any article or thing and research in relation thereto, or distribution of such article or thing manufactured or produced by it, shall, at its option, be taxed at the rate of 25 per cent. subject to conditions specified therein. This benefit is available from assessment year 2017-18.

However, there are certain incomes which are subject to a scheduler tax at a rate which is lower or higher than 25 per cent. Consequently tax payers have been subjected to unintended hardship or unwarranted relief. Accordingly it is proposed to amend section 115BA so as to clarify that the provisions of section 115BA is restricted to the income from the business of manufacturing, production, research or distribution referred to therein; and income which are at present taxed at a scheduler rate will continue to be so taxed.

The amendment will take effect retrospectively from the 1st April, 2017 and will, accordingly, apply in relation to the assessment year 2017-18 and subsequent years.

[Clause 33]

Taxation option for domestic manufacturers limited to business income, while incomes under scheduled rates remain separately taxed, with retrospective effect. The amendment clarifies that the concessional taxation option under Section 115BA is confined to income arising from manufacture, production, research or distribution carried on by the domestic company; amounts subject to separate scheduled rates continue to be taxed under those schedules. The clarification is given retrospective effect from 1 April 2017 and applies to assessment year 2017-18 onward.