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[Cites 0, Cited by 23] [Section 80IB] [Entire Act]

Union of India - Subsection

Section 80IB(11) in The Income Tax Act, 1961

(11)Notwithstanding anything contained in clause (iii) of sub-section (2) and sub-sections (3), (4) and (5), the amount of deduction in a case of industrial undertaking deriving profit from the business of setting up and operating a cold chain facility for agricultural produce, shall be hundred per cent. of the profits and gains derived from such industrial undertaking for five assessment years beginning with the initial assessment year and thereafter, twenty-five per cent. (or thirty per cent. where the assessee is a company) of the profits and gains derived from the operation of such facility in a manner that the total period of deduction does not exceed ten consecutive assessment years (or twelve consecutive assessment years where the assessee is a co-operative society) and subject to fulfilment of the condition that it begins to operate such facility on or after the 1st day of April, 1999 but before the [1st day of April, 2004] [ Substituted by Act 32 of 2003, Section 39, for " 31st day of March, 2003" (w.e.f. 1.4.2004).].[(11-A) The amount of deduction in a case of ] [Inserted by Act 14 of 2001, Section 45 (w.e.f. 1.4.2002).][an undertaking deriving profit from the business of processing, preservation and packaging of fruits or vegetables or [meat and meat products or poultry or marine or dairy products or ] [ Substituted by Act 23 of 2004, Section 18, for " an undertaking deriving profit from" (w.e.f. 1.4.2005).][from] [Inserted by Act 14 of 2001, Section 45 (w.e.f. 1.4.2002).] the integrated business of handling, storage and transportation of foodgrains, shall be hundred per cent. of the profits and gains derived from such undertaking for five assessment years beginning with the initial assessment year and thereafter, twenty-five per cent. (or thirty per cent. where the assessee is a company) of the profits and gains derived from the operation of such business in a manner that the total period of deduction does not exceed ten consecutive assessment years and subject to fulfilment of the condition that it begins to operate such business on or after the 1st day of April, 2001:[Provided that the provisions of this section shall not apply to an undertaking engaged in the business of processing, preservation and packaging of meat or meat products or poultry or marine or dairy products if it begins to operate such business before the 1st day of April, 2009.] [ Inserted by Act 33 of 2009, Section 37(d)(ii) (w.e.f.1.4.2010).][(11-B) The amount of deduction in the case of an undertaking deriving profits from the business of operating and maintaining a hospital in a rural area shall be hundred per cent. of the profits and gains of such business for a period of five consecutive assessment years, beginning with the initial assessment year, if-
(i)such hospital is constructed at any time during the period beginning on the 1st day of October, 2004 and ending on the 31st day of March, 2008;
(ii)the hospital has at least one hundred beds for patients;
(iii)the construction of the hospital is in accordance with the regulations, for the time being in force, of the local authority, and
(iv)the assessee furnishes alongwith the return of income, the report of audit in such form and containing such particulars as may be prescribed, and duly signed and verified by an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed.
Explanation. - For the purposes of this sub-section, a hospital shall be deemed to have been constructed on the date on which a completion certificate in respect of such construction is issued by the concerned local authority.] [ Inserted by Act 23 of 2004, Section 18 (w.e.f. 1.4.2005).][(11-C) The amount of deduction in the case of an undertaking deriving profits from the business of operating and maintaining a hospital located anywhere in India, other than the excluded area, shall be hundred per cent. of the profits and gains derived from such business for a period of five consecutive assessment years, beginning with the initial assessment year, if -
(i)the hospital is constructed and has started or starts functioning at any time during the period beginning on the 1st day of April, 2008 and ending on the 31st day of March, 2013;
(ii)the hospital has at least one hundred beds for patients;
(iii)the construction of the hospital is in accordance with the regulations or bye-laws of the local authority; and
(iv)the assessee furnishes along with the return of income, a report of audit in such form and containing such particulars, as may be prescribed, and duly signed and verified by an accountant, as defined in the Explanation to sub-section (2) of section 288, certifying that the deduction has been correctly claimed.
Explanation. - For the purposes of this sub-section, -
(a)a hospital shall be deemed to have been constructed on the date on which a completion certificate in respect of such construction is issued by the local authority concerned;
(b)"initial assessment year" means the assessment year relevant to the previous year in which the business of the hospital starts functioning;
(c)"excluded area" shall mean an area comprising -
(i)Greater Mumbai urban agglomeration;
(ii)Delhi urban agglomeration;
(iii)Kolkata urban agglomeration;
(iv)Chennai urban agglomeration;
(v)Hyderabad urban agglomeration;
(vi)Bangalore urban agglomeration;
(vii)Ahmedabad urban agglomeration;
(viii)District of Faridabad;
(ix)District of Gurgaon;
(x)District of Gautam Budh Nagar;
(xi)District of Ghaziabad;
(xii)District of Gandhinagar; and
(xiii)City of Secunderabad;
(d)the area comprising an urban agglomeration shall be the area included in such urban agglomeration on the basis of the 2001 census. ]