Income-tax Act, 2025
Special provision in respect of specified business - Section 140
Special provision in respect of specified business.
140. (1) Where the gross total income of an assessee, being an eligible start-up, includes any profits and gains derived from eligible business, there shall, as per and subject to the provisions of this section, be allowed, in computing the total income of the assessee, a deduction of an amount equal to 100% of the profits and gains derived from such business for three consecutive tax years.
(2) The deduction specified in sub-section (1) may, at the option of the assessee, be claimed by him for any three consecutive tax years out of ten years beginning from the year in which the eligible start-up is incorporated.
(3) This section applies to a start-up which fulfils the following conditions:
(a) it is not formed by splitting up, or the reconstruction, of a business already in existence;
(b) it is not formed by the transfer to a new business of machinery or plant previously used for any purpose.
(4) Where the business of any undertaking carried on in India is discontinued in any tax year by reason of extensive damage to, or destruction of, any building, machinery, plant or furniture owned by the assessee and used for the purposes of such business as a direct result of
(a) flood, typhoon, hurricane, cyclone, earthquake or other convulsion of nature; or
(b) riot or civil disturbance; or
(c) accidental fire or explosion; or
(d) action by an enemy or action taken in combating an enemy (whether with or without a declaration of war),
and thereafter, at any time before the expiry of three years from the end of such tax year, the business of such undertaking is re-established, reconstructed or revived by the assessee, the condition referred to in sub-section (3)(a) shall not apply to such undertaking which is so re-established, reconstructed or revived.
(5) For the purposes of sub-section (3)(b), any machinery or plant
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