Section 80HHB of The Income Tax Act 1961
- (1)Where the gross total income of an assessee being an Indian company or a person (other than a company) who is resident in India includes any profits and gains derived from the business of—
- (a)the execution of a foreign project undertaken by the assessee in pursuance of a contract entered into by him, or
- (b)the execution of any work undertaken by him and forming part of a foreign project undertaken by any other person in pursuance of a contract entered into by such other person, with the Government of a foreign State or any statutory or other public authority or agency in a foreign State, or a foreign enterprise, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, 1[a deduction from such profits and gains of an amount equal to—
- (i)forty per cent. thereof for an assessment year beginning on the 1st day of April, 2001;
- (ii)thirty per cent. thereof for an assessment year beginning on the 1st day of April, 2002;
- (iii)twenty per cent. thereof for an assessment year beginning on the 1st day of April, 2003;
- (iv)ten per cent. thereof for an assessment year beginning on the 1st day of April, 2004, and no deduction shall be allowed in respect of the assessment year beginning on the 1st day of April, 2005 and any subsequent assessment year:] Provided that the consideration for the execution of such project or, as the case may be, of such work is payable in convertible foreign exchange.
- (2)For the purposes of this section,—
- (a)“convertible foreign exchange” means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of 2[the Foreign Exchange Management Act, 1999 (42 of 1999)], and any rules made thereunder;
- (b)“foreign project” means a project for—
- (i)the construction of any building, road, dam, bridge or other structure outside India ;
- (ii)the assembly or installation of any machinery or plant outside India ;
- (iii)the execution of such other work (of whatever nature) as may be prescribed.
- (3)The deduction under this section shall be allowed only if the following conditions are fulfilled, namely:—
- (i)the assessee maintains separate accounts in respect of the profits and gains derived from the business of the execution of the foreign project, or, as the case may be, of the work forming part of the foreign project undertaken by him and, where the assessee is a person other than an Indian company or a co-operative society, such accounts have been audited by an accountant as defined in the Explanation below sub-section (2) of section 288 and the assessee furnishes, along with his return of income, the report of such audit in the prescribed form duly signed and verified by such accountant; 1[(ia) the assessee furnishes, along with his return of income, a certificate in the prescribed form from an accountant as defined in the Explanation below sub-section (2) of section 288, duly signed and verified by such accountant, certifying that the deduction has been correctly claimed in accordance with the provisions of this section;]
- (ii)an amount equal to 2[such percentage of the profits and gains as is referred to in sub-section (1) in relation to the relevant assessment year] is debited to the profit and loss account of the previous year in respect of which the deduction under this section is to be allowed and credited to a reserve account (to be called the “Foreign Projects Reserve Account”) to be utilised by the assessee during a period of five years next following for the purposes of his business other than for distribution by way of dividends or profits;
- (iii)an amount equal to 2[such percentage of the profits and gains as is referred to in sub-section (1) in relation to the relevant assessment year] is brought by the assessee in convertible foreign exchange into India, in accordance with the provisions of the Foreign Exchange Management Act, 1999 (42 of 1999), and any rules made thereunder, within a period of six months from the end of the previous year referred to in clause (ii) or, 3[within such further period as the competent authority may allow in this behalf:] Provided that where the amount credited by the assessee to the Foreign Projects Reserve Account in pursuance of clause (ii) or the amount brought into India by the assessee in pursuance of clause (iii) or each of the said amounts is less than 2[such percentage of the profits and gains as is referred to in sub-section (1) in relation to the relevant assessment year], the deduction under that sub-section shall be limited to the amount so credited in pursuance of clause (ii) or the amount so brought into India in pursuance of clause (iii), whichever is less. 1[Explanation.—For the purposes of clause (iii), the expression “competent authority” means the Reserve Bank of India or such other authority as is authorised under any law for the time being in force for regulating payments and dealings in foreign exchange.]
- (4)If at any time before the expiry of five years from the end of the previous year in which the deduction under sub-section (1) is allowed, the assesseeutilises the amount credited to the Foreign Projects Reserve Account for distribution by way of dividends or profits or for any other purpose which is not a purpose of the business of the assessee, the deduction originally allowed under sub-section (1) shall be deemed to have been wrongly allowed, and the 4[Assessing Officer] may, notwithstanding anything contained in this Act, recompute the total income of the assessee for the relevant previous year and make the necessary amendment; and the provisions of section 154 shall, so far as may be, apply thereto, the period of four years specified in sub-section (7) of that section being reckoned from the end of the previous year in which the money was so utilised.
- (5)Notwithstanding anything contained in any other provision of this Chapter under the heading” C.—Deductions in respect of certain incomes”, no part of the consideration or of the income comprised in the consideration payable to the assessee for the execution of a foreign project referred to in clause (a) of sub-section (1) or of any work referred to in clause (b) of that sub-section shall qualify for deduction for any assessment year under any such other provision.] 1[80HHBA. Deduction in respect of profits and gains from housing projects in certain cases.—(1) Where the gross total income of an assessee being an Indian company or a person (other than a company) who is a resident in India includes any profits and gains derived from the execution of a housing project awarded to the assessee on the basis of global tender and such project is aided by the World Bank, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, 2[a deduction from such profits and gains of an amount equal to––
- (i)forty per cent. thereof for an assessment year beginning on the 1st day of April, 2001; (ii) thirty per cent. thereof for an assessment year beginning on the 1st day of April, 2002; (iii) twenty per cent. thereof for an assessment year beginning on the 1st day of April, 2003; (iv) ten per cent. thereof for an assessment year beginning on the 1st day of April, 2004, and no deduction shall be allowed in respect of the assessment year beginning on the 1st day of April, 2005 and any subsequent assessment year.]
- (2)The deductions under this section shall be allowed only if the following conditions are fulfilled, namely:—
- (i)the assessee maintains separate accounts in respect of the profits and gains derived from the business of the execution of the housing project undertaken by him and, where the assessee is a person other than an Indian company or a co-operative society, such accounts have been audited by an accountant as defined in the Explanation below sub-section (2) of section 288 and the assessee furnishes along with his return of income the report of such audit in the prescribed form duly signed and verified by such accountant;
- (ii)an amount equal to 3[such percentage of the profits and gains as is referred to in sub-section (1) in relation to the relevant assessment year] is debited to the profit and loss account of the previous year in respect of which the deduction under this section is to be allowed and credited to a reserve account (to be called the Housing Projects Reserve Account) to be utilised by the assessee during a period of five years next following for the purposes of his business other than for distribution by way of dividends or profit: Provided that where the amount credited by the assessee to the Housing Projects Reserve Account in pursuance of clause (ii) is less than 3[such percentage of the profits and gains as is referred to in sub-section (1) in relation to the relevant assessment year], the deduction under this section shall be limited to the amount so credited in pursuance of clause (ii).
- (3)If at any time before the expiry of five years from the end of the previous year in which the deduction under sub-section (1) is allowed, the assesseeutilises the amount credited to the Housing Projects Reserve Account for distribution by way of dividends or profit or for any other purpose which is not a purpose of the business of the assessee, the deduction originally allowed under sub-section (1) shall be deemed to have been wrongly allowed and the Assessing Officer may, notwithstanding anything contained in this Act, recompute the total income of the assessee for the relevant previous year and make necessary amendment and the provision of section 154 shall, so far as may be, apply thereto, the period of four years specified in sub-section (7) of that section being reckoned from the end of the previous year in which the money was so utilised.
- (4)Notwithstanding anything contained in any other provision of this Chapter under heading “C.Deduction in respect of certain incomes”, no part of the income payable to the assessee for the execution of a housing project under sub-section (1) shall qualify for deduction for any assessment year under any other provision. Explanation.—For the purposes of this section,—
- (a)“housing project” means a project for—
- (i)the construction of any building, road, bridge or other structure in any part of India;
- (ii)the execution of such other work (of whatever nature) as may be prescribed;
- (b)“World Bank” means the International Bank for Reconstruction and Development Bank referred to in the International Monetary Fund and Bank Act, 1945.] 1[80HHC.Deduction in respect of profits retained for export business.—2[(1) Where an assessee, being an Indian company or a person (other than a company) resident in India, is engaged in the business of export out of India of any goods or merchandise to which this section applies, there shall, in accordance with and subject to the provisions of this section, be allowed, in computing the total income of the assessee, 3[a deduction to the extent of profits, referred to in sub-section (1B)], derived by the assessee from the export of such goods or merchandise: Provided that if the assessee, being a holder of an Export House Certificate or a Trading House Certificate (hereafter in this section referred to as an Export House or a Trading House, as the case may be,) issues a certificate referred to in clause (b) of sub-section (4A), that in respect of the amount of the export turnover specified therein, the deduction under this sub-section is to be allowed to a supporting manufacturer, then the amount of deduction in the case of the assessee shall be reduced by such amount which bears to the 4[total profits derived by the assessee from the export of trading goods, the same proportion as the amount of export turnover specified in the said certificate bears to the total export turnover of the assessee in respect of such trading goods]. (1A) Where the assessee, being a supporting manufacturer, has during the previous year, sold goods or merchandise to any Export House or Trading House in respect of which the Export House or Trading House has issued a certificate under the proviso to sub-section (1), there shall, in accordance with and subject to the provisions of this section, be allowed in computing the total income of the assessee, 3[a deduction to the extent of profits, referred to in sub-section (1B)], derived by the assessee from the sale of goods or merchandise to the Export House or Trading House in respect of which the certificate has been issued by the Export House or Trading House.] 5[(1B) For the purposes of sub-sections (1) and (1A), the extent of deduction of the profits shall be an amount equal to—
- (i)eighty per cent. thereof for an assessment year beginning on the 1st day of April, 2001; 1[(ii) seventy per cent. thereof for an assessment year beginning on the 1st day of April, 2002;
- (iii)fifty per cent. thereof for an assessment year beginning on the 1st day of April, 2003;
- (iv)thirty per cent. thereof for an assessment year beginning on the 1st day of April, 2004,] and no deduction shall be allowed in respect of the assessment year beginning on the 1st day of April, 2005 and any subsequent assessment year.]
- (a)“housing project” means a project for—
- (2)(a) This section applies to all goods or merchandise, other than those specified in clause (b), if the sale proceeds of such goods or merchandise exported out of India are 2[received in, or brought into, India] by the assessee 3[(other than the supporting manufacturer)] in convertible foreign exchange 4[, within a period of six months from the end of the previous year or, 5[within such further period as the competent authority may allow in this behalf].] 6[Explanation.—For the purposes of this clause, the expression “competent authority” means the Reserve Bank of India or such other authority as is authorised under any law for the time being in force for regulating payments and dealings in foreign exchange.]
- (b)This section does not apply to the following goods or merchandise, namely:—
- (i)mineral oil ; and
- (ii)minerals and ores 7[(other than processed minerals and ores specified in the Twelfth Schedule)]. 8[Explanation 1.—The sale proceeds referred to in clause (a) shall be deemed to have been received in India where such sale proceeds are credited to a separate account maintained for the purpose by the assessee with any bank outside India with the approval of the Reserve Bank of India. Explanation 2.—For the removal of doubts, it is hereby declared that where any goods or merchandise are transferred by an assessee to a branch, office, warehouse or any other establishment of the assessee situate outside India and such goods or merchandise are sold from such branch, office, warehouse or establishment, then, such transfer shall be deemed to be export out of India of such goods and merchandise and the value of such goods or merchandise declared in the shipping bill or bill of export as referred to in sub-section (1) of section 50 of the Customs Act, 1962 (52 of 1962), shall, for the purposes of this section, be deemed to be the sale proceeds thereof.] 1[(3) For the purposes of sub-section (1),—
- (a)where the export out of India is of goods or merchandise 2[manufactured or processed by the assessee], the profits derived from such export shall be the amount which bears to the profits of the business, the same proportion as the export turnover in respect of such goods bears to the total turnover of the business carried on by the assessee;
- (b)where the export out of India is of trading goods, the profits derived from such export shall be the export turnover in respect of such trading goods as reduced by the direct costs and indirect costs attributable to such export;
- (c)where the export out of India is of goods or merchandise 2[manufactured or processed by the assessee] and of trading goods, the profits derived from such export shall,—
- (i)in respect of the goods or merchandise 2[manufactured or processed by the assessee], be the amount which bears to the adjusted profits of the business, the same proportion as the adjusted export turnover in respect of such goods bears to the adjusted total turnover of the business carried on by the assessee; and
- (ii)in respect of trading goods, be the export turnover in respect of such trading goods as reduced by the direct and indirect costs attributable to export of such trading goods : Provided that the profits computed under clause (a) or clause (b) or clause (c) of this sub-section shall be further increased by the amount which bears to ninety per cent of any sum referred to in clause (iiia) (not being profits on sale of a licence acquired from any other person), and clauses (iiib) and (iiic) of section 28, the same proportion as the export turnover bears to the total turnover of the business carried on by the assessee: 3[Provided further that in the case of an assessee having export turnover not exceeding rupees ten crores during the previous year, the profits computed under clause (a) or clause (b) or clause (c) of this sub-section or after giving effect to the first proviso, as the case may be, shall be further increased by the amount which bears to ninety per cent of any sum referred to in clause (iiid) or clause (iiie), as the case may be, of section 28, the same proportion as the export turnover bears to the total turnover of the business carried on by the assessee : Provided also that in the case of an assessee having export turnover exceeding rupees ten crores during the previous year, the profits computed under clause (a) or clause (b) or clause (c) of this subsection or after giving effect to the first proviso, as the case may be, shall be further increased by the amount which bears to ninety per cent. of any sum referred to in clause (iiid) of section 28, the same proportion as the export turnover bears to the total turnover of the business carried on by the assessee, if the assessee has necessary and sufficient evidence to prove that,—
- (a)he had an option to choose either the duty drawback or the Duty Entitlement Pass Book Scheme, being the Duty Remission Scheme; and
- (b)the rate of drawback credit attributable to the customs duty was higher than the rate of credit allowable under the Duty Entitlement Pass Book Scheme, being the Duty Remission Scheme: Provided also that in the case of an assessee having export turnover exceeding rupees ten crores during the previous year, the profits computed under clause (a) or clause (b) or clause (c) of this subsection or after giving effect to the first proviso, as the case may be, shall be further increased by the amount which bears to ninety per cent of any sum referred to in clause (iiie) of section 28, the same proportion as the export turnover bears to the total turnover of the business carried on by the assessee, if the assessee has necessary and sufficient evidence to prove that,—
- (a)he had an option to choose either the duty drawback or the Duty Free Replenishment Certificate, being the Duty Remission Scheme; and
- (b)the rate of drawback credit attributable to the customs duty was higher than the rate of credit allowable under the Duty Free Replenishment Certificate, being the Duty Remission Scheme. Explanation.—For the purposes of this clause, “rate of credit allowable” means the rate of credit allowable under the Duty Free Replenishment Certificate, being the Duty Remission Scheme calculated in the manner as may be notified by the Central Government:] 1[Provided also that in case the computation under clause (a) or clause (b) or clause (c) of this sub-section is a loss, such loss shall be set off against the amount which bears to ninety per cent of—
- (a)any sum referred to in clause (iiia) or clause (iiib) or clause (iiic), as the case may be, or
- (b)any sum referred to in clause (iiid) or clause (iiie), as the case may be, of section 28, as applicable in the case of an assessee referred to in the second or the third or the fourth proviso, as the case may be, the same proportion as the export turnover bears to the total turnover of the business carried on by the assessee.] Explanation.—For the purposes of this sub-section,—
- (a)“adjusted export turnover” means the export turnover as reduced by the export turnover in respect of trading goods;
- (b)“adjusted profits of the business” means the profits of the business as reduced by the profits derived from the business of export out of India of trading goods as computed in the manner provided in clause (b) of sub-section (3);
- (c)“adjusted total turnover” means the total turnover of the business as reduced by the export turnover in respect of trading goods;
- (d)“direct costs” means costs directly attributable to the trading goods exported out of India including the purchase price of such goods;
- (e)“indirect costs” means costs, not being direct costs, allocated in the ratio of the export turnover in respect of trading goods to the total turnover;
- (f)“trading goods” means goods which are not 2[manufactured or processed by the assessee]. 1[(3A) For the purposes of sub-section (1A), profits derived by a supporting manufacturer from the sale of goods or merchandise shall be,—
- (a)in a case where the business carried on by the supporting manufacturer consists exclusively of sale of goods or merchandise to one or more Export Houses or Trading Houses, the profits of the business 2***;
- (b)in a case where the business carried on by the supporting manufacturer does not consist exclusively of sale of goods or merchandise to one or more Export Houses or Trading Houses, the amount which bears to the profits of the business2*** the same proportion as the turnover in respect of sale to the respective Export House or Trading House bears to the total turnover of the business carried on by the assessee.] 3[(4) The deduction under sub-section (1) shall not be admissible unless the assessee furnishes in the prescribed form, along with the return of income, the report of an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed 4[in accordance with the provisions of this section:]] 5[Provided that in the case of an undertaking referred to in sub-section (4C), the assessee shall also furnish along with the return of income, a certificate from the undertaking in the special economic zone containing such particulars as may be prescribed, duly certified by the auditor auditing the accounts of the undertaking in the special economic zone under the provisions of this Act or under any other law for the time being in force.] 1[(4A) The deduction under sub-section (1A) shall not be admissible unless the supporting manufacturer furnishes in the prescribed form along with his return of income,—
- (a)the report of an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed on the basis of the 6[profits] of the supporting manufacturer in respect of his sale of goods or merchandise to the Export House or Trading House; and
- (b)a certificate from the Export House or Trading House containing such particulars as may be prescribed and verified in the manner prescribed that in respect of the export turnover mentioned in the certificate, the Export House or Trading House has not claimed the deduction under this section: Provided that the certificate specified in clause (b) shall be duly certified by the auditor auditing the accounts of the Export House or Trading House under the provisions of this Act or under any other law.] 7[(4B) For the purposes of computing the total income under sub-section (1) or sub-section (1A), any income not charged to tax under this Act shall be excluded.] 5[(4C) The provisions of this section shall apply to an assessee,—
- (a)for an assessment year beginning after the 31st day of March, 2004 and ending before the 1st day of April, 2005; 2. The words “as computed under the head “Profits and gains of business or profession” omitted by Act 49 of 1991, s. 28 (w.e.f. 1-4-1992).
- (b)who owns any undertaking which manufactures or produces goods or merchandise anywhere in India (outside any special economic zone) and sells the same to any undertaking situated in a special economic zone which is eligible for deduction under section 10A and such sale shall be deemed to be export out of India for the purposes of this section.] Explanation.—For the purposes of this section,—
- (a)“convertible foreign exchange” means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of 1[the Foreign Exchange Management Act, 1999 (42 of 1999)], and any rules made thereunder; 2[(aa) “export out of India” shall not include any transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in India, not involving clearance at any customs station as defined in the Customs Act, 1962 (52 of 1962);]
- (b)“export turnover” means the sale proceeds 3[received in, or brought into, India] by the assessee in convertible foreign exchange 4[in accordance with clause (a) of sub-section (2)] of any goods or merchandise to which this section applies and which are exported out of India, but does not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the Customs Act, 1962 (52 of 1962);] 5[(ba) “total turnover” shall not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the Customs Act, 1962 (52 of 1962): Provided that in relation to any assessment year commencing on or after the 1st day of April, 1991, the expression “total turnover” shall have effect as if it also excluded any sum referred to in clauses (iiia), (iiib) 6[, (iiic), (iiid) and (iiie)] of section 28;] 7[(baa) “profits of the business” means the profits of the business as computed under the head “Profits and gains of business or profession” as reduced by—
- (b)This section does not apply to the following goods or merchandise, namely:—
- (1)ninety per cent. of any sum referred to in clauses (iiia), (iiib)5[, (iiic), (iiid) and (iiie)] of section 28 or of any receipts by way of brokerage, commission, interest, rent, charges or any other receipt of a similar nature included in such profits; and
- (2)the profits of any branch, office, warehouse or any other establishment of theassessee situate outside India; 8* 9[10[(c)] “Export House Certificate” or “Trading House Certificate” means a valid Export House Certificate or Trading House Certificate, as the case may be, issued by the Chief Controller of Imports and Exports, Government of India; 11[(d)] “supporting manufacturer” means a person being an Indian company or a person (other than a company) resident in India, 12[manufacturing (including processing) goods] or merchandise and selling such goods or merchandise to an Export House or a Trading House for the purposes of export; 13[(e) “special economic zone” shall have the meaning assigned to it in clause (viii) of the Explanation 2 to section 10A.] 8. Clause (bb) omitted s. 28, ibid. (w.e.f. 1-4-1991). 10. Clause (d) relettered as clause (c) thereof by Act 3 of 1989, s. 15 (w.e.f. 1-4-1989). 11. Clause (e) relettered as clause (d) thereof by s. 15, ibid. (w.e.f. 1-4-1989).
↩1.Subs. by Act 44 of 1980, s. 35, for “under section 80J” (w.e.f. 1-4-1981).
↩2.Subs. by Act 4 of 1988, s. 126, for clause (a) (w.e.f. 1-4-1989). 3. Subs. by Act 27 of 1999, s. 44, for clause (b) (w.e.f. 1-4-1978). 4. Ins. by Act 14 of 1982, s. 18 (w.e.f. 1-4-1983).
↩1.Subs. by Act 10 of 2000, s. 32, for “a deduction from such profits and gains of an amount equal to fifty per cent. thereof” (w.e.f. 1-4-2001).
↩2.Subs. by Act 17 of 2013, s. 4, for “the Foreign Exchange Regulation Act, 1973 (46 of 1973)” (w.e.f. 1-4-2013).
↩1.Ins. by Act 27 of 1999, s. 45 (w.e.f. 1-6-1999).
↩2.Subs. by Act 10 of 2000, s. 33, for “fifty per cent. of the profits and gains referred to in sub-section (1)” (w.e.f. 1-4-2001).
↩3.Subs. by Act 27 of 1999, s. 45, for certain words (w.e.f. 1-6-1999).
↩4.Subs. by Act 4 of 1988, s. 2, for “Income-tax Officer” (w.e.f. 1-4-1988).
↩1.Ins. by Act 21 of 1998, s. 31 (w.e.f. 1-4-1999).
↩2.Subs. by Act 10 of 2000, s. 33, for “a deduction from such profits and gains of an amount equal to fifty per cent.thereof” (w.e.f. 1-4-2001).
↩3.Subs. by Act 10 of 2000, s. 33, for “fifty per cent. of the profits and gains referred to in sub-section (1)” (w.e.f. 1-4-2001).
↩1.Subs. by Act 32 of 1985, s. 19, for section HHC (w.e.f. 1-4-1986).
↩2.Subs. by Act 26 of 1988, s. 24, for sub-section (1) (w.e.f. 1-4-1989).
↩3.Subs. by Act 10 of 2000, s. 34, for “a deduction of the profits” (w.e.f. 1-4-2001).
↩4.Subs. by Act 18 of 1992, s.46, for “total profits of the export business of the assessee the same proportion as the amount of export turnover specified in the said certificate bears to the total export turnover of the assessee" (w.e.f. 1-4-1992).
↩5.Ins. by Act 10 of 2000, s. 34 (w.e.f. 1-4-2001).
↩1.Subs. by Act 14 of 2001, s. 41, for sub-clauses (ii), (iii) and (iv)(w.e.f. 1-4-2002).
↩2.Subs. by Act 12 of 1990, s. 22, for “receivable” (w.e.f. 1-4-1991).
↩3.Ins. by s. 22, ibid. (w.e.f. 1-4-1989).
↩4.Ins. by s. 22, ibid. (w.e.f. 1-4-1991).
↩5.Subs. by Act 27 of 1999, s. 46, for certain words (w.e.f. 1-6-1999).
↩6.Ins. by s. 46, ibid. (w.e.f. 1-6-1999).
↩7.Ins. by Act 49 of 1991, s. 28 (w.e.f. 1-4-1991).
↩8.Ins. by s. 28, ibid. (w.e.f. 1-4-1992).
↩1.Subs. by Act 49 of 1991, s. 28, for sub-section (3) (w.e.f. 1-4-1992).
↩2.Subs. by Act 18 of 1992, s.46, for “manufactured by the assessee” (w.e.f. 1-4-1992).
↩3.Ins. by Act 55 of 2005, s. 4 (w.e.f. 1-4-1998).
↩1.Ins. by Act 55 of 2005, s. 4 (w.e.f. 1-4-1992).
↩2.Subs. by Act 18 of 1992, s.46, for “manufactured by the assessee” (w.e.f. 1-4-1992).
↩1.Ins. by Act 26 of 1988, s. 24 (w.e.f. 1-4-1989).
↩3.Ins. by Act 46 of 1986, s. 11 (w.e.f. 1-4-1987).
↩4.Subs. by Act 49 of 1991, s. 28, for “on the basic of the amount of export turnover” (w.e.f. 1-4-1992).earlier the words “export turnover” were substituted for certain words by Act 46 of 1986, s. 11 (w.e.f. 1-4-1989).
↩5.Ins. by Act 32 of 2003, s. 37 (w.e.f 1-4-2004).
↩6.Subs. by Act 3 of 1989, s. 15 (w.e.f. 1-4-1989). Earlier subs-section (4A) inserted by 26 of 1988, s. 24 (w.e.f. 1-4-1989).
↩7.Ins. by Act 27 of 1999,s. 46 (w.e.f. 1-4-1992).
↩1.Subs. by Act 17 of 2013, s. 4, for “the Foreign Exchange Regulation Act, 1973 (46 of 1973)” (w.e.f. 1-4-2013).
↩2.Ins. by Act 49 of 1991, s. 28 (w.e.f. 1-4-1986).
↩3.Subs. by Act 12 of 1990, s. 22, for “receivable” (w.e.f. 1-4-1991).
↩4.Ins. by s. 22, ibid. (w.e.f. 1-4-1991).
↩5.Ins. by Act 49 of 1991, s. 28 (w.e.f. 1-4-1987).
↩6.Subs. by Act 55 of 2005, s. 4, for “and (iiic)” (w.e.f. 1-4-1998).
↩7.Ins. by Act 49 of 1991, s. 28 (w.e.f. 1-4-1992).
↩9.Ins. by Act 26 of 1988, s. 24 (w.e.f. 1-4-1989).
↩12.Subs. by 12 of 1990, s. 22, for “manufacturing goods” (w.e.f. 1-4-1991).
↩13.Ins. by Act 32 of 2003, s. 37 (w.e.f. 1-4-2004).
Summary
(1) Where the gross total income of an assessee being an Indian company or a person (other than a company) who is resident in India includes any profits and gains derived from the business of, (a) the execution of a foreign project undertaken by the assessee in pursuance of a contract entered into.
Practical examples
FAQ
1. Who is eligible for the deduction under Section 80HHB of The Income Tax Act 1961?
This deduction is available to Indian companies and other persons who are resident in India.
2. What specific activities qualify for a deduction under Section 80HHB of the 1961 Act?
The deduction applies to profits from executing a foreign project or providing technical services outside India under a contract.
3. Does Section 80HHB of the Tax Law apply to projects within India?
No, Section 80HHB of the 1961 Act specifically targets profits and gains derived from projects or services executed outside the territory of India.
Test yourself
Q1.Under Section 80HHB of The Income Tax Act 1961, which of the following entities is NOT eligible to claim the deduction for foreign projects?
Q2.For a resident individual to claim benefits under Section 80HHB of the Tax Law, the income must be derived from which activity?
Q3.Under Section 80HHB of the Tax Act, what is the residency requirement for a person (other than a company) to claim the deduction?
Q4.According to Section 80HHB of The Income Tax Act 1961, the qualifying work must be performed in which location?