Determination of tax in special casesCentral
Section 201 of Income Tax Act 2025
- (1)Irrespective of anything contained in this Act, but subject to the provisions of Parts A, B, E and this Part (other than sections 199 and 200) of this Chapter, the income-tax payable in respect of the total income of an assessee, being a domestic company, specified in column B of the Table below, shall, at the option of such assessee, be computed at the rates specified in column C, if the conditions contained in column D thereof are fulfilled.
TABLE
- (a)15% on the total income other than the income mentioned in clauses (b), (c) and (d);
- (b)22% (without any deduction or allowance in respect of any expenditure or allowance) on such income,—
- (i)which has neither been derived from nor is incidental to manufacturing or production of an article or thing; and
- (ii)in respect of which no specific rate of tax has been provided separately under Parts A, B, E and this Part of this Chapter;
- (c)22% on short-term capital gains derived from transfer of a capital asset on which no depreciation is allowable under this Act;
- (d)30% on the income deemed so under section 205(4).
Such domestic company—
- (a)exercises the option in the manner provided in sub-section (2);
- (b)has been set-up and registered on or after the 1st October, 2019;
- (c)has commenced manufacturing or production of an article or thing on or before the 31st March, 2024;
- (d)the total income of which is computed as per the provisions of sub-section (3); and
- (e)fulfils all the conditions provided in sub-section (5) of this section and section 205(2).
- (2)The option under this section shall be exercised by the assessee in the manner prescribed subject to the following conditions:—
- (a)it shall be exercised on or before the due date specified under section 263(1) for furnishing first of the returns of income for any tax year;
- (b)such option, once exercised, shall apply to subsequent tax years;
- (c)once the option has been exercised for any tax year, it shall not be subsequently withdrawn for the same or any other tax year; and
- (d)where the assessee fails to fulfil the conditions contained in sub-section (1) (Table: Sl. No. 1.D) in any tax year,—
- (i)the option shall become invalid in respect of such tax year and subsequent tax years; and
- (ii)the other provisions of this Act shall apply, as if the option had not been exercised for that tax year and subsequent tax years.
- (3)For the purposes of sub-section (1), the total income of the assessee shall be computed,—
- (a)without any deduction under—
- (i)section 45(2) or 47(1)(b); or
- (ii)Chapter VIII other than section 146 or 148; or
- (iii)sections specified in section 205(1)(a) to (g);
- (b)without set off of any loss or allowance for unabsorbed depreciation deemed so under section 116, if such loss or depreciation is attributable to any of the deductions referred to in clause (a).
- (4)While computing the income of the assessee, the loss and depreciation, or both, as specified in sub-section (3)(b) shall be deemed to have been given full effect to and no further deduction for such loss or depreciation, or both, shall be allowed for any subsequent year.
- (5)In case of an amalgamation, option under this section shall remain valid in case of the amalgamated company only and if the conditions contained in sub-section (1) (Table: Sl. No. 1.D) are continued to be fulfilled by such company.
Summary
- To qualify, the company must be set up and registered on or after October 1, 2019, and must have commenced manufacturing or production on or before March 31, 2024.
- Income that is not derived from or incidental to manufacturing (and has no other specific rate) is taxed at a higher rate of 22%.
Practical examples
1Eco-Plast Indian Industries Private Limited was registered on November 15, 2020, and began manufacturing biodegradable packaging on January 10, 2023. Since they commenced production before the March 31, 2024 deadline, they opt for the low tax rate of 15% under Section 201 for the Tax Year 2026-27, computing their income without claiming scientific research deductions.
2Quantum Aero-Tech Private Limited was registered on February 1, 2022, and began manufacturing drone components on December 20, 2023. In the Tax Year 2026-27, they earn non-manufacturing income of ₹10,00,000 from selling excess raw metal. Under Section 201, this non-manufacturing portion of their income is taxed at 22% instead of 15%.
FAQ
1. What is the tax rate on manufacturing income under Section 201?
The tax rate is 15% on the income derived from or incidental to the manufacture or production of an article or thing.
2. When must the company have commenced manufacturing to qualify for Section 201?
The company must have commenced manufacturing or production on or before March 31, 2024.
3. What is the tax rate under Section 201 for income not related to manufacturing?
Non-manufacturing income that has no other specific rate is taxed at 22%.
4. What happens if a company fails to meet the manufacturing conditions in any year?
The option becomes invalid for that tax year and all subsequent tax years.
Test yourself
Q1.Under Section 201, what is the tax rate for income that is neither derived from nor incidental to manufacturing or production?
Q2.What is the deadline for commencing manufacturing or production to qualify under Section 201?
Q3.Under Section 201(2)(d), what occurs if a company fails to meet the specified conditions in any tax year?