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Statutory Provisions

Home Acts & Rules Bill Bills FINANCE BILL, 2013 Chapters List Chapter III - Part I DIRECT TAXES - Income-tax This

Clause 5 - Insertion of new section 32AC - Investment in new plant or machinery - FINANCE BILL, 2013

FINANCE BILL, 2013
Chapter III - Part I
DIRECT TAXES - Income-tax
  • Contents

Insertion of new section

 5. After section 32AB of the Income-tax Act, the following section shall be inserted with effect from the 1st day of April, 2014, namely:—

 32AC. Investment in new plant or machinery

      ‘32AC. (1) Where an assessee, being a company, engaged in the business of manufacture or production of any article or thing, acquires and installs new asset after the 31st day of March, 2013 but before the 1st day of April, 2015 and the aggregate amount of actual cost of such new assets exceeds one hundred crore rupees, then, there shall be allowed a deduction,—

           (a) for the assessment year commencing on the 1st day of April, 2014, of a sum equal to fifteen per cent. of the actual cost of new assets acquired and installed after the 31st day of March, 2013 but before the 1st day of April, 2014, if the aggregate amount of actual cost of such new assets exceeds one hundred crore rupees; and

           (b) for the assessment year commencing on the 1st day of April, 2015, of a sum equal to fifteen per cent. of the actual cost of new assets acquired and installed after the 31st day of March, 2013 but before the 1st day of April, 2015, as reduced by the amount of deduction allowed, if any, under clause (a).

      (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger, within a period of five years from the date of its installation, the amount of deduction allowed under sub-section (1) in respect of such new asset shall be deemed to be the income of the assessee chargeable under the head “Profits and gains of business or profession” of the previous year in which such new asset is sold or otherwise transferred, in addition to taxability of gains, arising on account of transfer of such new asset.

     (3) Where the new asset is sold or otherwise transferred in connection with the amalgamation or demerger within a period of five years from the date of its installation, the provisions of sub-section (2) shall apply to the amalgamated company or the resulting company, as the case may be, as they would have applied to the amalgamating company or the demerged company.

     (4) For the purposes of this section, “new asset” means any new plant or machinery (other than ship or aircraft) but does not include—

           (i) any plant or machinery which before its installation by the assessee was used either within or outside India by any other person;

          (ii) any plant or machinery installed in any office premises or any residential accommodation, including accommodation in the nature of a guest house;

          (iii) any office appliances including computers or computer software;

          (iv) any vehicle; or

          (v) any plant or machinery, the whole of the actual cost of which is allowed as deduction (whether by way of depreciation or otherwise) in computing the income chargeable under the head “Profits and gains of business or profession” of any previous year.’.

 



 

Notes on Clauses:

Clause 5 of the Bill seeks to insert a new section 32AC in the Income-tax Act to provide for deduction for investment in new plant or machinery.

     The proposed sub-section (1) of the aforesaid section seeks to provide that where an assessee, being a company, engaged in the business of manufacture or production of any article or thing, acquires and installs new asset after 31st day of March, 2013 but before 1st day of April, 2015 and the aggregate amount of actual cost of such new assets exceeds one hundred crore rupees, then, there shall be allowed a deduction,--

          (a) for the assessment year commencing on 1st day of April, 2014, of a sum equal to fifteen per cent. of the actual cost of new assets acquired and installed after 31st day of March, 2013 but before 1st day of April, 2014, if the aggregate amount of actual cost of such new assets exceeds one hundred crore rupees; and

          (b) for the assessment year commencing on 1st day of April, 2015, of a sum equal to fifteen per cent. of the actual cost of new assets acquired and installed after 31st day of March, 2013 but before 1st day of April, 2015, as reduced by the amount of deduction allowed, if any, under clause (a).

     The proposed sub-section (2) of the aforesaid section provides that if any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger, within a period of five years from the date of its installation, the amount of deduction allowed under sub-section (1) in respect of such new asset shall be deemed to be the income of the assessee chargeable under the head “Profits and gains of business or profession” of the previous year in which
such new asset is sold or otherwise transferred, in addition to taxability of gains, arising on account of transfer of the new asset.

     The proposed sub-section (3) of the aforesaid section provides that where the new asset is sold or otherwise transferred in connection with the amalgamation or demerger within a period of five years from the date of its installation, the provisions of subsection (2) shall apply to the amalgamated company or the resulting company, as the case  may be, as they would have applied to the amalgamating company or the demerged company.

     The proposed sub-section (4) of the aforesaid section provides that for the purposes of this section “new asset” means any new plant or machinery (other than ship or aircraft) but does not include--

          (i) any plant or machinery which before its installation by the assessee was used either within or outside India by any other person;

          (ii) any plant or machinery installed in any office premises or any residential accommodation, including accommodation in the nature of a guest house;

          (iii) any office appliances including computers or computer software;

          (iv) any vehicle; or

          (v) any plant or machinery, the whole of the actual  cost of which is allowed as deduction (whether by way of depreciation or otherwise) in computing the income
chargeable under the head “Profits and gains of business or profession” of any previous year.

     This amendment will take effect from 1st April, 2014 and will, accordingly, apply in relation to assessment year 2014-15 and subsequent assessment years.

 
 
 
 

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