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[Cites 0, Cited by 21] [Section 32A] [Entire Act]

Union of India - Subsection

Section 32A(2B) in The Income Tax Act, 1961

(2B)[Where any new machinery or plant is installed after the 30th day of June, 1977, [but before the 1st day of April, 1987] [Inserted by Act 29 of 1977, Section 9 (w.e.f. 1.4.1978).] [, for the purposes of business of manufacture or production of any article or thing and such article or thing-
(a)is manufactured or produced by using any technology (including any process) or other know-how developed in, or
(b)is an article or thing invented in, a laboratory owned or financed by the Government, or a laboratory owned by a public sector company or a University or by an institution recognised in this behalf by the prescribed authority, the provisions of sub-section (1) shall have effect in relation to such machinery or plant as if for the words "twenty-five per cent.", the words "thirty-five per cent." had been substituted, if the following conditions are fulfilled, namely,-
(i)the right to use such technology (including any process) or other know-how or to manufacture or produce such article or thing has been acquired from the owner of such laboratory or any person deriving title from such owner;
(ii)the assessee furnishes, alongwith his return of income for the assessment year for which the deduction is claimed, a certificate from the prescribed authority to the effect that such article or thing is manufactured or produced by using such technology (including any process) or other know-how developed in such laboratory or is an article or thing invented in such laboratory; and
(iii)the machinery or plant is not used for the purpose of business of manufacture or production of any article or thing specified in the list in the Eleventh Schedule.
Explanation. - For the purposes of this sub-section,-
(a)"laboratory financed by the Government" means a laboratory owned by any body [including a society registered under the Societies Registration Act, 1860 (21 of 1860), and financed wholly or mainly by the Government;]
(b)[* * *] [ Clause (b) omitted by Act 11 of 1987, Section 74 (w.e.f. 1.4.1987).]
(c)[ "University" means a University established or incorporated by or under a Central, State or Provincial Act and includes an institution declared under section 3 of the University Grants Commission Act, 1956 (3 of 1956), to be a University for the purposes of that Act.] [ <SPAN class=amd2><A TITLE =]