Section 115BAA of Income Tax Act "Tax on income of certain domestic companies"
115BAA. (1) Notwithstanding anything contained in this
Act but subject to the provisions of this Chapter, other
than those mentioned under section 115BA and section 115BAB,
the income-tax payable in respect of the total income of a
person, being a domestic company, for any previous year
relevant to the assessment year beginning on or after the
1st day of April, 2020, shall, at the option of such person,
be computed at the rate of twenty-two per cent, if the
conditions contained in sub-section (2) are satisfied:
Provided that where the person fails to satisfy the
conditions contained in sub-section (2) in any previous
year, the option shall become invalid in respect of the
assessment year relevant to that previous year and
subsequent assessment years and other provisions of the Act
shall apply, as if the option had not been exercised for the
assessment year relevant to that previous year and
subsequent assessment years.
(2) For the purposes of sub-section (1), the total income of
the company shall be computed,-
(i) without any deduction under the provisions of section
10AA or clause (iia) of sub-section (1) of section 32 or
section 32AD or section 33AB or section 33ABA or sub-clause
(ii) or sub-clause (iia) or sub-clause (iii) of sub-section
(1) or sub-section (2AA) or sub-section (2AB) of section 35
or section 35AD or section 35CCC or section 35CCD or under
any provisions of 78[Chapter VI-A under the heading
"C.-Deductions in respect of certain incomes" other than the
provisions of section 80JJAA];
(ii) without set off of any loss carried forward or
depreciation from any earlier assessment year, if such loss
or depreciation is attributable to any of the deductions
referred to in clause (i);
(iii) without set off of any loss or allowance for
unabsorbed depreciation deemed so under section 72A, if such
loss or depreciation is attributable to any of the
deductions referred to in clause (i); and
(iv) by claiming the depreciation, if any, under any
provision of section 32, except clause (iia) of sub-section
(1) of the said section, determined in such manner as may be
prescribed.
(3) The loss and depreciation referred to in clause (ii) and
clause (iii) of sub-section (2) shall be deemed to have been
given full effect to and no further deduction for such loss
or depreciation shall be allowed for any subsequent year:
Provided that where there is a depreciation allowance in
respect of a block of asset which has not been given full
effect to prior to the assessment year beginning on the 1st
day of April, 2020, corresponding adjustment shall be made
to the written down value of such block of assets as on the
1st day of April, 2019 in the prescribed manner, if the
option under sub-section (5) is exercised for a previous
year relevant to the assessment year beginning on the 1st
day of April, 2020.
(4) In case of a person, having a Unit in the International
Financial Services Centre, as referred to in sub-section
(1A) of section 80LA, which has exercised option under
sub-section (5), the conditions contained in sub-section (2)
shall be modified to the extent that the deduction under
section 80LA shall be available to such Unit subject to
fulfilment of the conditions contained in the said section.
Explanation.-For the purposes of this sub-section, the term
"Unit" shall have the same meaning as assigned to it in
clause (zc) of section 2 of the Special Economic Zones Act,
2005 (28 of 2005).
(5) Nothing contained in this section shall apply unless the
option is exercised by the person in the prescribed manner
on or before the due date specified under sub-section (1) of
section 139 for furnishing the returns of income for any
previous year relevant to the assessment year commencing on
or after the 1st day of April, 2020 and such option once
exercised shall apply to subsequent assessment years:
Provided that in case of a person, where the option
exercised by it under section 115BAB has been rendered
invalid due to violation of conditions contained in
sub-clause (ii) or sub-clause (iii) of clause (a), or clause
(b) of sub-section (2) of said section, such person may
exercise option under this section:
Provided further that once the option has been exercised for
any previous year, it cannot be subsequently withdrawn for
the same or any other previous year.
What is Tax on distributed profits of domestic companies? Section 115 O of Income Tax Act 1961
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