Income Tax Act, 1961
Section 4: Sub-section (9) omitted by Act 12 of 1990, s. 7 (w.e.f. 11976).
4. Sub-section (9) omitted by Act 12 of 1990, s. 7 (w.e.f. 11976).
162
1[32AB. Investment deposit account.—(1) Subject to the other provisions of this section, where an
assessee, whose total income includes income chargeable to tax under the head “Profits and gains of
business or profession”, has, out of such income,—
(a) deposited any amount in an account (hereafter in this section referred to as deposit account)
maintained by him with the Development Bank before the expiry of six months from the end of the
previous year or before furnishing the return of his income, whichever is earlier; or
(b) utilised any amount during the previous year for the purchase of any new ship, new aircraft,
new machinery or plant, without depositing any amount in the deposit account under clause (a),
in accordance with, and for the purposes specified in, a scheme (hereafter in this section referred to as the
scheme) to be framed by the Central Government, or if the assessee is carrying on the business of
growing and manufacturing tea in India, to be approved in this behalf by the Tea Board, the assessee shall
be allowed a 2[deduction (such deduction being allowed before the loss, if any, brought forward from
earlier years is set off under section 72) of]—
(i) a sum equal to the amount, or the aggregate of the amounts, so deposited and any amount so
utilised; or
(ii) a sum equal to twenty per cent. of the profits of 3*** business or profession as computed in
the accounts of the assessee audited in accordance with sub-section (5),
whichever is less:
4[Provided that where such assessee is a firm, or any association of persons or any body of
individuals, the deduction under this section shall not be allowed in the computation of the income of any
partner, or as the case may be, any member of such firm, association of persons or body of individuals:]
5[Provided further that no such deduction shall be allowed in relation to the assessment year
commencing on the 1st day of April, 1991, or any subsequent assessment year.]
(2) For the purposes of this section,—
6* * * * *
7[(ii) “new ship” or “new aircraft” includes a ship or aircraft which before the date of acquisition
by the assessee was used by any other person, if it was not at any time previous to the date of such
acquisition owned by any person resident in India;
(iii) “new machinery or plant” includes machinery or plant which before its installation by the
assessee was used outside India by any other person, if the following conditions are fulfilled,
namely :—
(a) such machinery or plant was not, at any time previous to the date of such installation by
the assessee, used in India;
(b) such machinery or plant is imported into India from any country outside India; and
(c) no deduction on account of depreciation in respect of such machinery or plant has been
allowed or is allowable under this Act in computing the total income of any person for any period
prior to the date of the installation of the machinery or plant by the assessee;
omitted by Act 12 of 1990, s. 7 (w.e.f. 11976).
162
1[32AB. Investment deposit account.—
Subject to the other provisions of this section, where an
assessee, whose total income includes income chargeable to tax under the head “Profits and gains of
business or profession”, has, out of such income,—
deposited any amount in an account (hereafter in this section referred to as deposit account)
maintained by him with the Development Bank before the expiry of six months from the end of the
previous year or before furnishing the return of his income, whichever is earlier; or
utilised any amount during the previous year for the purchase of any new ship, new aircraft,
new machinery or plant, without depositing any amount in the deposit account under clause
a sum equal to the amount, or the aggregate of the amounts, so deposited and any amount so
utilised; or
a sum equal to twenty per cent. of the profits of 3*** business or profession as computed in
the accounts of the assessee audited in accordance with sub-section
For the purposes of this section,—
6* * * * *
7[
“new ship” or “new aircraft” includes a ship or aircraft which before the date of acquisition
by the assessee was used by any other person, if it was not at any time previous to the date of such
acquisition owned by any person resident in India;
“new machinery or plant” includes machinery or plant which before its installation by the
assessee was used outside India by any other person, if the following conditions are fulfilled,
namely :—
such machinery or plant was not, at any time previous to the date of such installation by
the assessee, used in India;
such machinery or plant is imported into India from any country outside India; and
no deduction on account of depreciation in respect of such machinery or plant has been
allowed or is allowable under this Act in computing the total income of any person for any period
prior to the date of the installation of the machinery or plant by the assessee;