Income Tax Act, 1961
Section 9: The word “and” omitted by Act 28 of 2016, s. 18 (w.e.f. 12018).
9. The word “and” omitted by Act 28 of 2016, s. 18 (w.e.f. 12018).
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1[(ak) on or after the 1st day of April, 2017, where the specified business is in the nature of
developing or operating and maintaining or developing, operating and maintaining, any infrastructure
facility; and]
(b) on or after the 1st day of April, 2009, in all other cases not falling under 2[any of the above
clauses.]
(6) The assessee carrying on the business of the nature referred to in clause (a) of sub-section (5) shall
be allowed, in addition to deduction under sub-section (1), a further deduction in the previous year
relevant to the assessment year beginning on the 1st day of April, 2010, of an amount in respect of
expenditure of capital nature incurred during any earlier previous year, if—
(a) the business referred to in clause (a) of sub-section (5) has commenced its operation at any
time during the period beginning on or after the 1st day of April, 2007 and ending on the 31st day of
March, 2009; and
(b) no deduction for such amount has been allowed or is allowable to the assessee in any earlier
previous year.
3[(6A) Where the assessee builds a hotel of two-star or above category as classified by the Central
Government and subsequently, while continuing to own the hotel, transfers the operation thereof to
another person, the assessee shall be deemed to be carrying on the specified business referred to in subclause (iv) of clause (c) of sub-section (8).]
(7) The provisions contained in sub-section (6) of section 80A and the provisions of sub-sections (7)
and (10) of section 80-IA shall, so far as may be, apply to this section in respect of goods or services or
assets held for the purposes of the specified business.
4[(7A) Any asset in respect of which a deduction is claimed and allowed under this section shall be
used only for the specified business, for a period of eight years beginning with the previous year in which
such asset is acquired or constructed.
(7B) Where any asset, in respect of which a deduction is claimed and allowed under this section, is
used for a purpose other than the specified business during the period specified in sub-section (7A),
otherwise than by way of a mode referred to in clause (vii) of section 28, the total amount of deduction so
claimed and allowed in one or more previous years, as reduced by the amount of depreciation allowable
in accordance with the provisions of section 32, as if no deduction under this section was allowed, shall
be deemed to be the income of the assessee chargeable under the head “Profits and gains of business or
profession” of the previous year in which the asset is so used.
(7C) Nothing contained in sub-section (7B) shall apply to a company which has become a sick
industrial company under sub-section (1) of section 17 of the Sick Industrial Companies (Special
Provisions) Act, 1985 (1 of 1986), during the period specified in sub-section (7A).]
(8) For the purposes of this section,—
(a) an“associated person”, in relation to the assessee, means a person,—
(i) who participates, directly or indirectly, or through one or more intermediaries in the
management or control or capital of the assessee;
on or after the 1st day of April, 2017, where the specified business is in the nature of
developing or operating and maintaining or developing, operating and maintaining, any infrastructure
facility; and]
on or after the 1st day of April, 2009, in all other cases not falling under 2[any of the above
clauses.]
The assessee carrying on the business of the nature referred to in clause
of sub-section
shall
be allowed, in addition to deduction under sub-section
the business referred to in clause
of sub-section
has commenced its operation at any
time during the period beginning on or after the 1st day of April, 2007 and ending on the 31st day of
March, 2009; and
no deduction for such amount has been allowed or is allowable to the assessee in any earlier
previous year.
3[
Where the assessee builds a hotel of two-star or above category as classified by the Central
Government and subsequently, while continuing to own the hotel, transfers the operation thereof to
another person, the assessee shall be deemed to be carrying on the specified business referred to in subclause
of clause
of sub-section
The provisions contained in sub-section
of section 80A and the provisions of sub-sections
and
of section 80-IA shall, so far as may be, apply to this section in respect of goods or services or
assets held for the purposes of the specified business.
4[
Any asset in respect of which a deduction is claimed and allowed under this section shall be
used only for the specified business, for a period of eight years beginning with the previous year in which
such asset is acquired or constructed.
Where any asset, in respect of which a deduction is claimed and allowed under this section, is
used for a purpose other than the specified business during the period specified in sub-section
of section 28, the total amount of deduction so
claimed and allowed in one or more previous years, as reduced by the amount of depreciation allowable
in accordance with the provisions of section 32, as if no deduction under this section was allowed, shall
be deemed to be the income of the assessee chargeable under the head “Profits and gains of business or
profession” of the previous year in which the asset is so used.
Nothing contained in sub-section
shall apply to a company which has become a sick
industrial company under sub-section
of section 17 of the Sick Industrial Companies (Special
Provisions) Act, 1985 (1 of 1986), during the period specified in sub-section
For the purposes of this section,—
an“associated person”, in relation to the assessee, means a person,—
who participates, directly or indirectly, or through one or more intermediaries in the
management or control or capital of the assessee;