Income Tax Act, 1961
Section 6: Ins. by Act 32 of 2003, s. 25 (w.e.f. 12004).
6. Ins. by Act 32 of 2003, s. 25 (w.e.f. 12004).
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Officer shall proceed to make an assessment of the total income or loss of the assessee under
sub-section (3) of section 143 and determine the sum payable by, or refundable to, the assessee.]
Explanation.—For the purposes of this section,—
(i) “plant” includes ships, aircraft, vehicles, drilling units, scientific apparatus and equipment,
used for the purposes of the said business;
(ii) “mineral oil” includes petroleum and natural gas.]
1[44BBA. Special provision for computing profits and gains of the business of operation of
aircraft in the case of non-residents.—(1) Notwithstanding anything to the contrary contained
in sections 28 to 43A, in the case of an assessee, being a non-resident, engaged in the business of
operation of aircraft, a sum equal to five per cent. of the aggregate of the amounts specified in
sub-section (2) shall be deemed to be the profits and gains of such business chargeable to tax under the
head “Profits and gains of business or profession”.
(2) The amounts referred to in sub-section (1) shall be the following, namely:—
(a) the amount paid or payable (whether in or out of India) to the assessee or to any person on his
behalf on account of the carriage of passengers, livestock, mail or goods from any place in India; and
(b) the amount received or deemed to be received in India by or on behalf of the assessee on
account of the carriage of passengers, livestock, mail or goods from any place outside India.]
2[44BBB. Special provision for computing profits and gains of foreign companies engaged in the
business of civil construction, etc., in certain turnkey power projects.—3[(1)] Notwithstanding
anything to the contrary contained insections 28 to 44AA, in the case of an assessee, being a foreign
company, engaged in the business of civil construction or the business of erection of plant or machinery
or testing or commissioning thereof, in connection with a turnkey power project approved by the Central
Government in this behalf 4***, a sum equal to ten per cent. of the amount paid or payable (whether in or
out of India) to the said assessee or to any person on his behalf on account of such civil construction,
erection, testing or commissioning shall be deemed to be the profits and gains of such business chargeable
to tax under the head “Profits and gains of business or profession”.]
5[(2) Notwithstanding anything contained in sub-section (1), an assessee may claim lower profits and
gains than the profits and gains specified in that sub-section, if he keeps and maintains such books of
account and other documents as required under sub-section (2) of section 44AA and gets his accounts
audited and furnishes a report of such audit as required under section 44AB, and thereupon the Assessing
Officer shall proceed to make an assessment of the total income or loss of the assessee under
sub-section (3) of section 143 and determine the sum payable by, or refundable to, the assessee.]
6[44C. Deduction of head office expenditure in the case of non-residents.—Notwithstanding
anything to the contrary contained in sections 28 to 43A, in the case of an assessee, being a non-resident,
no allowance shall be made, in computing the income chargeable under the head “Profits and gains of
business or profession”, in respect of so much of the expenditure in the nature of head office expenditure
as is in excess of the amount computed as hereunder, namely:—
(a) an amount equal to five per cent of the adjusted total income; or
of section 143 and determine the sum payable by, or refundable to, the assessee.]
Explanation.—For the purposes of this section,—
“plant” includes ships, aircraft, vehicles, drilling units, scientific apparatus and equipment,
used for the purposes of the said business;
“mineral oil” includes petroleum and natural gas.]
1[44BBA. Special provision for computing profits and gains of the business of operation of
aircraft in the case of non-residents.—
Notwithstanding anything to the contrary contained
in sections 28 to 43A, in the case of an assessee, being a non-resident, engaged in the business of
operation of aircraft, a sum equal to five per cent. of the aggregate of the amounts specified in
sub-section
shall be deemed to be the profits and gains of such business chargeable to tax under the
head “Profits and gains of business or profession”.
The amounts referred to in sub-section
shall be the following, namely:—
the amount paid or payable (whether in or out of India) to the assessee or to any person on his
behalf on account of the carriage of passengers, livestock, mail or goods from any place in India; and
the amount received or deemed to be received in India by or on behalf of the assessee on
account of the carriage of passengers, livestock, mail or goods from any place outside India.]
2[44BBB. Special provision for computing profits and gains of foreign companies engaged in the
business of civil construction, etc., in certain turnkey power projects.—3[
Notwithstanding anything contained in sub-section
of section 44AA and gets his accounts
audited and furnishes a report of such audit as required under section 44AB, and thereupon the Assessing
Officer shall proceed to make an assessment of the total income or loss of the assessee under
sub-section
of section 143 and determine the sum payable by, or refundable to, the assessee.]
6[44C. Deduction of head office expenditure in the case of non-residents.—Notwithstanding
anything to the contrary contained in sections 28 to 43A, in the case of an assessee, being a non-resident,
no allowance shall be made, in computing the income chargeable under the head “Profits and gains of
business or profession”, in respect of so much of the expenditure in the nature of head office expenditure
as is in excess of the amount computed as hereunder, namely:—
an amount equal to five per cent of the adjusted total income; or