Income Tax Act, 1961
Section 5: Subs. by Act 14 of 2001, s. 44, for clause (b) (w.e.f. 12002).
5. Subs. by Act 14 of 2001, s. 44, for clause (b) (w.e.f. 12002).
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Government, State Government, local authority or statutory body, the provisions of this section
shall apply to the transferee enterprise as if it were the enterprise to which this clause applies and
the deduction from profits and gains would be available to such transferee enterprise for the
unexpired period during which the transferor enterprise would have been entitled to the
deduction, if the transfer had not taken place:
1[Provided further that nothing contained in this section shall apply to any enterprise which
starts the development or operation and maintenance of the infrastructure facility on or after the
1st day of April, 2017.]
2[Explanation.—For the purposes of this clause, “infrastructure facility” means—
(a) a road including toll road, a bridge or a rail system;
(b) a highway project including housing or other activities being an integral part of the
highway project;
(c) a water supply project, water treatment system, irrigation project, sanitation and sewerage
system or solid waste management system;
(d) a port, airport, inland waterway 3[, inland port or navigational channel in the sea];]
4[(ii) any undertaking which has started or starts providing telecommunication services, whether
basic or cellular, including radio paging, domestic satellite service, network of trunking, broadband
network and internet services on or after the 1st day of April, 1995, but on or before the 5[31st day of
March, 2005].]
Explanation.—For the purposes of this clause, “domestic satellite” means a satellite owned and
operated by an Indian company for providing telecommunication service;
(iii) any undertaking which develops, develops and operates or maintains and operates an
industrial park 6[or special economic zone] notified by the Central Government in accordance with
the scheme framed and notified by that Government for the period beginning on the 1st day of April,
1997 and ending on 7[the 31st day of March, 2006]:
8[Provided that in a case where an undertaking develops an industrial park on or after the 1st day
of April, 1999 or a special economic zone on or after the 1st day of April, 2001 and transfers the
operation and maintenance of such industrial park or such special economic zone, as the case may be,
to another undertaking (hereafter in this section referred to as the transferee undertaking), the
deduction under sub-section (1) shall be allowed to such transferee undertaking for the remaining
period in the ten consecutive assessment years as if the operation and maintenance were not so
transferred to the transferee undertaking:]
9[Provided further that in the case of any undertaking which develops, develops and operates or
maintains and operates an industrial park, the provisions of this clause shall have effect as if for the
(w.e.f. 12002).
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Government, State Government, local authority or statutory body, the provisions of this section
shall apply to the transferee enterprise as if it were the enterprise to which this clause applies and
the deduction from profits and gains would be available to such transferee enterprise for the
unexpired period during which the transferor enterprise would have been entitled to the
deduction, if the transfer had not taken place:
1[Provided further that nothing contained in this section shall apply to any enterprise which
starts the development or operation and maintenance of the infrastructure facility on or after the
1st day of April, 2017.]
2[Explanation.—For the purposes of this clause, “infrastructure facility” means—
a road including toll road, a bridge or a rail system;
a highway project including housing or other activities being an integral part of the
highway project;
a water supply project, water treatment system, irrigation project, sanitation and sewerage
system or solid waste management system;
a port, airport, inland waterway 3[, inland port or navigational channel in the sea];]
4[
any undertaking which has started or starts providing telecommunication services, whether
basic or cellular, including radio paging, domestic satellite service, network of trunking, broadband
network and internet services on or after the 1st day of April, 1995, but on or before the 5[31st day of
March, 2005].]
Explanation.—For the purposes of this clause, “domestic satellite” means a satellite owned and
operated by an Indian company for providing telecommunication service;
any undertaking which develops, develops and operates or maintains and operates an
industrial park 6[or special economic zone] notified by the Central Government in accordance with
the scheme framed and notified by that Government for the period beginning on the 1st day of April,
1997 and ending on 7[the 31st day of March, 2006]:
8[Provided that in a case where an undertaking develops an industrial park on or after the 1st day
of April, 1999 or a special economic zone on or after the 1st day of April, 2001 and transfers the
operation and maintenance of such industrial park or such special economic zone, as the case may be,
to another undertaking (hereafter in this section referred to as the transferee undertaking), the
deduction under sub-section
shall be allowed to such transferee undertaking for the remaining
period in the ten consecutive assessment years as if the operation and maintenance were not so
transferred to the transferee undertaking:]
9[Provided further that in the case of any undertaking which develops, develops and operates or
maintains and operates an industrial park, the provisions of this clause shall have effect as if for the