Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws---- ❯
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    Case Laws Income Tax
    Navigating the Nuances of Income Tax Reassessment Post-Finance Act 2021: Resetting the Clock in Tax ...
    Case Laws Income Tax
    The Source Rule in International Taxation: Tax Implications for Non-Resident Service Providers
    Case Laws Income Tax
    Taxation of 'Success Fees' in International Transactions: The Nexus Doctrine: Situs of residence and...
    Case Laws Income Tax
    TDS and International Transactions: Categorization of Payments under the ambit of "royalty" or "fees...
    Case Laws Income Tax
    Assessment u/s 153C and Unexplained Investments: A Case Study in Legal Reasoning
    Case Laws Income Tax
    Delhi High Court Elucidates on the Scope of Section 80IA in the Context of Business Expansion: Inter...
    Case Laws Income Tax
    Penalty Limitations and Reasonable Cause: Navigating the Nuances of Tax Penalties
    Case Laws Income Tax
    Income Tax Return Delays: High Court Rules on Tax Authority's Decision-Making Boundaries
    Case Laws Income Tax
    The Interplay of Sales and Bogus Purchases in Tax Evasion Cases: Assessing Tax Evasion Allegations
    Case Laws Income Tax
    Proportionality and Evidence in Tax Assessments: Accommodation entries, Bogus Purchase and Estimatio...
    Case Laws Income Tax
    Judicial Scrutiny of Tax Deducted at Source (TDS) Non-Deposit: Protecting the Rights of Taxpayers Ag...
    Case Laws Income Tax
    Dynamics of Tax Exemption Registrations: A Comprehensive Analysis of ITAT Ahmedabad’s Decision on ...
    Case Laws Income Tax
    Transfer Pricing Litigation: The Evolving Landscape of Arm's Length Price Determination in India
    Case Laws Income Tax
    Revisiting the Scope of Revisionary Powers U/s 263: Assessing the Adequacy of Assessment Procedures ...
    Case Laws Income Tax
    Maintaining the Sanctity of Search and Seizure Procedures: Emphasizing the rigorous compliance with ...
    Case Laws Income Tax
    Analyzing the Tax Implications of Cross-Border Payments: Recognizing the payments as either 'Royalty...
    Case Laws Income Tax
    Non-Delegability of Discretionary Powers in Income Tax Assessments: Administrative Discretion in Spe...
    Case Laws Income Tax
    Taxation of Domain Registration Services in Godaddy.Com LLC Case: Tax Implications for Digital Serv...
    Case Laws Income Tax
    Navigating the Complexities of Section 80P Deductions for Cooperative Societies
    Case Laws Income Tax
    Navigating Pecuniary Jurisdiction in Tax Assessments: Assessment Orders and Legal Jurisdiction
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Case Laws Income Tax
Show AI Summary
Limitation period in tax reassessment: amended time limits prevent retrospective validation of reassessment notices under the new regime.
The document focuses on the amended reassessment regime introduced by the Finance Act 2021, highlighting the shortened limitation periods and the mandatory pre-notice procedure requiring inquiry and opportunity to be heard. It rejects administrative attempts to render earlier notices compliant with amended law via retrospective treatment, finds the 'travel back in time' theory legally impermissible, and stresses that limitation periods, pandemic-related extensions, and procedural safeguards determine the validity of reopening assessments.
Case Laws Income Tax
Show AI Summary
Source rule protects payments for services used to earn income abroad from domestic taxation when characterised accordingly.
Whether aircraft maintenance and repair by a non-resident constitutes technical services is addressed by reference to the specialised expertise, regulatory and safety obligations distinguishing such services from ordinary repairs; contemporaneously, retrospective statutory amendments clarifying taxation of fees for technical services are balanced against the source rule exception, under which payments for services used to earn income abroad are not taxed domestically.
Case Laws Income Tax
Show AI Summary
Nexus doctrine: source based taxation requires a real territorial connection to tax cross border consultancy success fees.
A "success fee" paid to a non resident for consultancy services characterized by human expertise constitutes a fee for technical services when there is a real and substantial connection between the income and India. The right to tax is allocated by the source rule: income is taxable in the jurisdiction where the economic source of payment is located. Parliamentary taxing power over extra territorial income is limited by the Doctrine of Territorial Nexus; only payments with a sufficient nexus to India are subject to tax at source obligations.
Case Laws Income Tax
Show AI Summary
Royalty vs fees for included services: classification of cross border lead generation payments determines TDS obligation under tax treaty.
Categorisation of cross border payments as royalty or fees for included services under the India US DTAA determines withholding under Section 195. Royalties cover payments for use of intellectual property; fees for included services require that technical knowledge, skill, or know how be made available. Services limited to lead generation, databases, or market facilitation without transfer of proprietary technical content do not qualify as either category and therefore fall outside the DTAA based TDS obligation.
Case Laws Income Tax
Show AI Summary
Search-based assessment jurisdiction governs treatment of unexplained investments when records are absent, shifting the burden of proof to the assessee.
Assessment based on search-derived incriminating material applies when jurisdiction under search-based assessment is not contested, and unexplained investments are taxed depending on whether amounts are recorded in books of account. The assessee bears the onus to explain investments; absence of records, non-filing of returns and non-cooperation justify adverse inferences. Procedural elements such as delay condonation, set-aside orders and cooperation in reassessment affect the assessment process, while interest for non-furnishing of returns is tied to the timing of the regular assessment.
Case Laws Income Tax
Show AI Summary
Scope of Section 80IA: expansion within the same undertaking does not automatically forfeit tax holiday eligibility.
The court considered whether adding services and acquiring additional licenses by a telecommunications company created a new "undertaking" for tax holiday purposes. Finding that the company continued its original business using largely the same infrastructure and manpower, the court endorsed the Tribunal's conclusion that expansion within the same operational framework does not automatically constitute a separate undertaking and should not defeat eligibility for the tax holiday intended to encourage capital intensive projects.
Case Laws Income Tax
Show AI Summary
Limitation for tax penalties: emphasis on initiation of action preserves enforcement; reasonable cause evaluated by business realities.
Applicability of the limitation period is determined by the initiation of action rather than the formal start of penalty proceedings, making the triggering of enforcement activity the operative moment for limitation. The reasonable cause doctrine is applied with attention to the appellant's bank like operations despite its cooperative structure, recognizing long standing practices and business realities as bearing on culpability for transaction handling contraventions.
Case Laws Income Tax
Show AI Summary
Condonation of delay: focus on admissibility of the request, not the substantive merits of the tax claim.
The legal principle requires that the authorized officer considering a condonation application under Section 119(2)(b) confine inquiry to the admissibility of the request and the justification for delay; assessment of the substantive merits of the taxpayer's income or loss claim is not part of the condonation exercise, and evidentiary review is limited to matters relevant to excusing the delay.
Case Laws Income Tax
Show AI Summary
Interplay of sales and bogus purchases: sales consistency limits rejection of purchases and favors gross profit alignment for taxation.
For traders, rejection of purchases cannot proceed in isolation where declared sales exhibit regularity; cost of goods sold must be coherent with recorded sales. Tax adjustments should compare differential gross profit margins and align challenged purchases with genuine GP rates, allowing proportional taxation reconciliations rather than adding the entire value of disputed purchases as income.
Case Laws Income Tax
Show AI Summary
Proportionality in tax assessments preserved: additions limited to profit element where sales are accepted, not entire purchase.
Alleged accommodation entries may be restricted to taxation of the profit element where sales from those purchases are accepted; the tribunal limited an addition accordingly and the court upheld that proportionality. Separately, an enhanced gross profit addition was deleted because there was no concrete evidence to displace the assessee's declared book results; the court agreed that revenue must meet the evidentiary burden before altering declared figures.
Case Laws Income Tax
Show AI Summary
Tax Deducted at Source protection: taxpayers not liable for employer's failure to deposit TDS; refunds should not be adjusted.
The note explains that TDS credit protection bars holding an assessee liable for tax already deducted by an employer who failed to remit it; employers bear the deposit obligation as tax-collecting agents. Adjusting taxpayer refunds or using coercive measures to recover demands arising from employer non-deposit contravenes the protective principle and indirect recovery limits, and authorities should correct credit mismatches rather than treat deductees as liable.
Case Laws Income Tax
Show AI Summary
Tax exemption registration: tribunal ordered reconsideration where delay arose from bona fide reliance on provisional registration and circulars.
The Tribunal held that rejection of the final registration application under Section 80G for being time barred was improper where the Commissioner did not consider administrative circulars extending filing timelines and the trust's bona fide reliance on provisional registration; the ITAT set aside the order and directed reconsideration with an opportunity to be heard.
Case Laws Income Tax
Show AI Summary
Arm's Length Principle enforcement: comparables, functional profiling, and admissibility of additional evidence determine transfer pricing outcomes.
Dispute concerns determination of Arm's Length Price (ALP) for international transactions, focusing on comparable selection, adjustments for functional differences, and functional profiling's effect on ALP reliability. The Tribunal also deals with the admissibility of additional evidence on appeal and scrutiny of changes in benchmarking approaches across assessment years, stressing contemporaneous, consistent documentation and justification for methodological changes while balancing procedural finality and factual completeness.
Case Laws Income Tax
Show AI Summary
Revisionary powers under Section 263 limited where assessment thoroughly examined transactions and no specific error is shown.
Scope of revisionary powers under Section 263 is limited where the original assessment shows a detailed examination and allowance of losses; direction for re-examination without specific findings of error prejudicial to revenue is insufficient. Transactions integral to business and carried out as hedging do not fall within the definition of speculative transactions under Section 43(5).
Case Laws Income Tax
Show AI Summary
Search and seizure procedural compliance: satisfaction note requirement under section 153C governs validity of assessments.
Assessments against persons other than the searched individual require a recorded satisfaction by the assessing officer that seized assets or documents belong to that other person; absence of a satisfaction note in the searched person's file invalidates consequential assessments under the search-derived assessment provisions. Determination of the applicable assessment years hinges on whether the assessment period is tied to the date of search, the date satisfaction is recorded, or the date seized material is received, requiring harmonious construction to align enforcement with taxpayer protections.
Case Laws Income Tax
Show AI Summary
Characterisation of cross-border payments as royalty or service fees determines withholding obligations under tax treaty and domestic law.
Characterisation of cross-border payments under the Income Tax Act and the India-USA DTAA focused on whether payments to a US non-resident constituted royalty or fees for included services under section 9(1)(vii) and Article 12, whether TDS obligations arose, and whether sections 201(1) and 201(1A) could be invoked; the Karnataka High Court and ITAT concluded the payments were not royalty/fees for included services, services were rendered outside India, the payee lacked an Indian permanent establishment, and therefore withholding obligations did not arise.
Case Laws Income Tax
Show AI Summary
Non-delegability of discretionary powers: extension of tax audit report time must be granted by assessing officer, not delegate.
The power to order a special audit and to extend the timeframe for submission of the audit report is vested in the Assessing Officer and must be exercised by that officer alone; administrative convenience cannot justify delegation to the Commissioner. An extension granted by the Commissioner, even if prompted by the AO's recommendation, is inconsistent with the statutory scheme and can render subsequent assessment orders vulnerable to being barred by limitation.
Case Laws Income Tax
Show AI Summary
Royalty characterization of domain registration fees requires a transfer of proprietary or use rights; mere registrar facilitation does not qualify.
Whether fees for domain name registration qualify as royalty depends on whether the registrar transfers a proprietary or right-to-use interest; a registrar acting as intermediary under its accreditation agreement that disclaims ownership and does not convey exclusive or transferable rights does not convert registration fees into royalty.
Case Laws Income Tax
Show AI Summary
Section 80P deductions for cooperative societies hinge on membership composition, agricultural lending predominance and banking activity compliance.
The analysis examines eligibility for section 80P deductions for primary agricultural credit cooperative societies, focusing on whether their income composition, predominance of agricultural versus non agricultural advances, membership classes, bye laws, and acceptance of public deposits (with its banking implications) fall within the statutory deduction framework; prior precedents are applied to identify conditions and compliance measures societies must address.
Case Laws Income Tax
Show AI Summary
Jurisdictional competence in tax assessment is essential; assessments by non authorized officers risk invalidation under procedural rules.
The dispute focuses on the jurisdiction of the Assessing Officer under CBDT Instruction No. 1/2011 and whether an assessment framed by an officer lacking pecuniary competence is valid; it emphasizes that compliance with jurisdictional limits and the procedural step under Section 143(2), together with principles of procedural fairness, determine the assessment's legality.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Comparison of SCHEDULE IX "DEDUCTION FOR TEA DEVELOPMENT ACCOUNT, COFFEE DEVELOPMENT ACCOUNT AND RUBBER DEVELOPMENT ACCOUNT FOR COMPUTING INCOME UNDER THE HEAD "PROFITS AND GAINS OF BUSINESS OR PROFESSION"." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

18 September, 2025

Contents
Acts
Rules & Regulations
Summary
Note

Note

-

Bookmark

Print

Print

SCHEDULE IX - DEDUCTION FOR TEA DEVELOPMENT ACCOUNT, COFFEE DEVELOPMENT ACCOUNT AND RUBBER DEVELOPMENT ACCOUNT FOR COMPUTING INCOME UNDER THE HEAD "PROFITS AND GAINS OF BUSINESS OR PROFESSION".

Income-tax Act, 2025

At a Glance

The document is SCHEDULE IX (Schedule-IX) to the Income Tax Bill, 2025 (Old Version), prescribing deductions for deposits into Tea Development Account, Coffee Development Account and Rubber Development Account when computing income under the head "Profits and gains of business or profession." It matters to taxpayers engaged in growing and manufacturing tea, coffee or rubber, and to tax administrators overseeing allowable deductions and audit/compliance. Effective date or decision date: Not stated in the document.

Background & Scope

Statutory hook: Schedule IX proceeds "See section 48" (as annotated in the text). The Schedule governs quantum of deduction for amounts deposited into specified development accounts (special account or deposit account) and the conditions, withdrawal consequences, treatment on sale/transfer of assets acquired through such amounts, and interpretative definitions. Definitions provided in paragraph 6 explain terms such as Coffee Board, deposit account, deposit scheme, National Bank, Rubber Board, Special account, specified account and Tea Board. The Schedule applies to assessee carrying on the business of growing and manufacturing tea, coffee or rubber in India during the tax year.

Statutory Provision Mode

Text & Scope

The Schedule establishes a specific deduction regime for growers/manufacturers of tea, coffee and rubber. Key elements: (1) Quantum of deduction (paragraph 1); (2) conditions for claiming the deduction (paragraph 2); (3) restrictions on withdrawal from specified accounts and consequent taxability (paragraph 3); (4) non-allowance of deduction for expenditure met from account withdrawals (paragraph 4); (5) treatment on sale/transfer of assets acquired under the schemes (paragraph 5); and (6) definitions (paragraph 6).

Interpretation

Legislative intent reflected in the text: incentivise deposits into development accounts for the specific agricultural/plantation sectors while denying double tax benefits and ensuring deposits are used for sectoral purposes. The text prescribes the deduction to be the lesser of actual deposits or 40% of profits (para 1(1)(a)/(b)), and prioritises granting the deduction before set off of brought-forward losses (para 1(2) referencing section 110). The Schedule contains deeming provisions to pull back amounts into taxable income when withdrawn other than for specified purposes, when utilised for specified articles or when not utilised after release (para 3). It also contains anti-abuse rules on sale/transfer of assets within eight years (para 5).

Exceptions/Provisos

Carve-outs and conditions in the Schedule include:

  • Deduction limited to 40% of business profits computed under the head before making the deduction (para 1(1)).
  • Deduction allowed only if the assessee is carrying on the specified business in India and deposits funds in the specified account (para 2(1)(a)-(b)).
  • Audited accounts and furnishing of an audit report are required before the specified date referred to in section 63 (para 2(1)(c)).
  • Withdrawals are generally prohibited except in enumerated events (closure, death, partition of HUF, dissolution of firm, liquidation of company) (para 3(1)).
  • Withdrawals in certain circumstances or utilisation for specified articles are deemed taxable immediately (para 3(2)-(4)).
  • When assets acquired under the scheme are sold or transferred within eight years, the portion of cost relatable to the earlier deduction is taxed as business income (para 5(1)). Exemptions apply on sale to specified persons or on succession to a company, subject to conditions (para 5(2)).
  • Deductions claimed in one tax year cannot be claimed in any other tax year for the same amount (para 2(3)).

Illustrations

  • Example 1: An assessee operating a tea plantation deposits INR X into a special account during the tax year. If 40% of the assessed profits before deduction equals INR Y and X <= Y, the allowable deduction equals X; if X > Y, allowable deduction is limited to Y (para 1(1)).
  • Example 2: If the assessee withdraws the entire balance on closure of business, the amount withdrawn is deemed to be the profits and gains of business of that tax year and taxed accordingly (para 3(1), (2)).
  • Example 3: Asset A acquired using account funds is sold five years after acquisition; the part of asset cost attributable to earlier deduction is deemed income in the year of sale (para 5(1)).

Interplay

The Schedule refers to other statutory provisions: section 48 (heading reference), section 63 (specified date for furnishing audit report), and section 110 (set off of loss carried forward). It also invokes external statutory entities and enactments in definitions (Coffee Act, 1942; National Bank for Agriculture and Rural Development Act, 1981; Rubber Act, 1947; Tea Act, 1953; Companies Act, 2013 s.2(45)). Interaction with rules, notifications or circulars beyond those citations: Not stated in the document.

Practical Implications

  • Compliance and risk areas: Claimants must ensure strict compliance with deposit requirements and audit filings (para 2(1)(b), 2(1)(c)). Failure to comply or unauthorised withdrawals will trigger immediate taxability under para 3. Use of withdrawn funds to purchase "specified article or thing" also triggers income inclusion (para 3(3)).
  • Record-keeping/evidence: Taxpayers need contemporaneous evidence of deposits into specified accounts, authorisation under the special/deposit scheme, audit reports filed by the date in section 63, vouchers/invoices showing utilisation for permitted purposes, and asset acquisition and disposal records to demonstrate eight-year holding or qualifying exceptions on succession/sale to specified persons (paras 2-5). The Schedule requires the report "in such form and manner as prescribed" (para 2(1)(c)), implying retention of the prescribed form and accountant verification for audit trails.

Key Takeaways

  • The deduction equals the lesser of actual deposits into specified accounts or 40% of business profits (para 1(1)).
  • Deduction must be supported by deposits into a special account (National Bank) or deposit account under board schemes and by an audited report furnished by the specified date (para 2).
  • Withdrawals are tightly restricted; unauthorised withdrawals or release and non-utilisation/ utilisation for specified articles cause immediate taxation (para 3).
  • Assets acquired using such funds attract claw-back on sale/transfer within eight years, unless transfer is to specified persons or in permitted succession to a company meeting conditions (para 5).
  • Deductions once allowed in a tax year cannot be re-claimed in other years; partnerships or AOPs cannot pass the deduction to partners/members individually (para 2(3)-(4)).
  • The Schedule cross-references other statutory sections and statutory bodies; specific procedural form/manner is left to prescription (section 63 timing; "as prescribed") (paras 1(2), 2(1)(c)).
  • Definitions in para 6 are sector-specific and determine the scope of eligible schemes/accounts and institutional actors.

Differences from the Parallel Version and Practical Impact

Comparative differences between this Schedule (Income Tax Bill, 2025 - Old Version) and the other text presented (Schedule-IX of Income-tax Act, 2025) include the following principal divergences and their practical consequences:

  • Reference for set off of loss: This Bill version references section 110 for carry-forward loss set-off (para 1(2)); the Act version references section 112.
    • Practical impact: Potential change in cross-reference may affect interpretation or alignment with other loss-carry provisions; the text here does not explain the substantive difference between s.110 and s.112. Users must check which section governs loss carry-forward in the operative Act. The document does not state transitional treatment. (Document cross-reference difference noted.)
  • Timing of deposit for claiming deduction: The Bill version simply requires that the assessee "has deposited any amount in the specified account" (para 2(1)(b)). The Act version adds an express timing condition: deposit before the expiry of six months from the end of the tax year or before the due date of furnishing the return of income, whichever earlier.
    • Practical impact: The Bill version is less explicit on timing, which could lead to interpretive uncertainty about when deposits must be made to qualify. The Act version's explicit timing imposes a clear deadline beneficial for administration and certainty for taxpayers. The Bill text leaves the timing requirement ambiguous: Not stated in the document as to whether later enactments amend timing.
  • Form and manner language for audit report: The Bill text states the audit report to be "in such form and manner as prescribed and verified by such accountant," whereas the Act text says "in such form and manner as may be prescribed."
    • Practical impact: Both contemplate prescription; the Bill's explicit "verified by such accountant" emphasises accountant verification. Operationally this is minor but could affect the nature of the certification required; the Bill version appears to require both statutory audit and a separate accountant's verification form when accounts are audited under another law (para 2(2)).
  • Variation in wording for compliance where audit required under other law: The Bill version requires furnishing "the report of such audit along with report by an accountant," whereas the Act version requires furnishing "the report of such audit and a report by an accountant."
    • Practical impact: Substantively similar; drafting differences likely immaterial.
  • Definitional and textual discrepancies: The Bill version's definition of the Rubber Act citation is "Rubber Act, 1947 (34 of 1947)" (para 6(e)), while the Act text cites "24 of 1947." Also, the Bill version lacks an explicit definition of "special scheme" (it defines "deposit scheme" and "Special account" but not "special scheme"), whereas the Act version includes "special scheme means the scheme approved in this behalf by the Tea Board or the Coffee Board or the Rubber Board."
    • Practical impact: Citation errors and missing definitional text could create confusion about the statutory provenance and the precise institutional approval process for schemes; lack of a definition for "special scheme" in the Bill text may leave uncertainty about the approval or scope of such schemes until clarified by rules or later amendments.
  • Minor drafting variations in successor-company condition language: The Bill version speaks of transfer "in view of succession of business" and refers to "specified scheme or deposit scheme is applicable" (para 5(2)(b)), while the Act uses "in connection with succession" and the "provisions of special scheme or deposit scheme is applicable."
    • Practical impact: Subtle drafting differences-functionally similar but may require interpretive attention in succession cases (firms->companies) to establish continuity of scheme applicability and composition of shareholders/partners.

Action Points

  • Taxpayers in tea/coffee/rubber businesses should ensure deposits are made into the prescribed accounts and maintain complete audit records and prescribed audit reports by the date in section 63 (para 2).
  • Carefully review the operative Act for exact cross-references (sections 110/112) and the final wording of definitions such as "special scheme" and correct statutory citations before relying on the Bill wording for compliance planning (paras 1(2), 6).
  • Maintain documentation substantiating permitted utilisation of released funds, invoices for "specified articles or thing," and holding periods for assets acquired under the scheme to avoid claw-back (paras 3-5).

Full Text:

SCHEDULE IX - DEDUCTION FOR TEA DEVELOPMENT ACCOUNT, COFFEE DEVELOPMENT ACCOUNT AND RUBBER DEVELOPMENT ACCOUNT FOR COMPUTING INCOME UNDER THE HEAD "PROFITS AND GAINS OF BUSINESS OR PROFESSION".

Topics

Acts Income Tax