Income Tax Act, 1961
Section 2: Subs. by Act 18 of 1992, s.46, for “manufactured by the assessee” (w.e.f. 11992).
2. Subs. by Act 18 of 1992, s.46, for “manufactured by the assessee” (w.e.f. 11992).
368
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;
For the purposes of sub-section
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***;
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[
The deduction under sub-section
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
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
The deduction under sub-section
shall not be admissible unless the supporting
manufacturer furnishes in the prescribed form along with his return of income,—
the report of an accountant, as defined in the Explanation below sub-section
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
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
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[
For the purposes of computing the total income under sub-section
or sub-section
The provisions of this section shall apply to an assessee,—
for an assessment year beginning after the 31st day of March, 2004 and ending before the 1st
day of April, 2005;