An Overview on Section 115BAB



Quick Summary
Section 115BAB offers a reduced corporate tax rate of 15% (effectively 17.16% with surcharges and cess) for new domestic manufacturing companies. To qualify, companies must be registered after October 1, 2019, commence manufacturing before March 31, 2023, and use predominantly new plant and machinery. The option must be exercised when filing the first return and cannot be withdrawn unless the conditions are breached.

Section 115BAB

  • Applicability - Manufacturing Domestic Company only
  • Income Tax Rate: 15% + 10% + 4% = 17.16 %
  • (MAT under section 115JB not applicable)
Section 115BAB: Lower Tax Rate for New Manufacturers

Conditions u/s 115BAB(2)

  • Company is registered after 01/10/2019 and manufacturing commences before 31/03/2023.
  • Does not USE previously used P&M (should not have been used for any purpose in India). However, up to 20 % of total P&M can be previously used P/M.
  • Company is not engaged in any business other than business of manufacture
  • 80JJAA - New employee deduction is allowed.
  • Only normal depreciation u/s 32 is allowed. Additional depreciation (20%) is not allowed on new P/M.
  • Amalgamation of companies and continuation of applicability of this section is allowed if all above provision u/s 115BAB(2) are complied. No set-off of b/f losses allowed in such case.
  • First Return of the entity has to exercise this option before filing return. (Option must be exercised before due date).
  • Once option is exercised, then it cannot be withdrawn.
  • However, If condition of sec 115BAB(2) are not satisfied, in any previous year then this option shall became invalid and other provision of the Act will apply accordingly for all subsequent AYs thereafter.
  • Part of total income which is not derived/incidental to manufacturing shall be taxed @22% and ANY expenditure shall NOT be allowed as deduction for such income.
  • Any transaction between this co. and an entity with which it has a close connection (as may be reasonable determined by the assessing officer) shall be considered to be a specified domestic transaction. Therefore, the profits for the purpose of taxation under Section 115BAB, in such cases, shall be computed on an arm's length basis.
  • 115BAB(6) - If it appears to A.O that the assessee has close connection with 3rd person and such arrangement is made such that assessee has higher than normal profit, then such amount will be taxed @ 30%.
  • STCG on transfer of P/M is taxed @22%.
 

Query

Can such entity be a job-work manufacturer?

Section 115BAB(6) mentioned above needs to be looked into. If the principal is using old machines / availing additional depreciation on new machines etc. then AO may take a view that conditions of 115BAB(2) are not complied. This can be decided on facts and situation.

Also, whether Jobwork can be counted as "Manufacturing" - A legal view may be taken. Generally, the provisions of this sections does not restrict JW specifically.

 

Can Plant and Machinery be taken on Rent / Lease?

Section 115BAB(6) mentioned above needs to be looked into. If the principal is using old machines / availing additional depreciation on new machines etc. then AO may take a view that conditions of 115BAB(2) are not complied. This can be decided on facts and situation.

Can land be taken on rent / Lease?

From study of the section, it seems land and/ or building can be taken on rent, if only normal depreciation u/s 32 was availed in the past.

A fact driven analysis of the business is suggested, before opting for a lower rate under section 115BAB.


10956 Views 1 Likes Comment   Share Income Tax   Report


About the Author

CA

Proprietor of R.Sethia Associates, Chartered accountants. CA year 2000. Experience in Banking, Corporate law, Manufacturing cos systems and audit, Income Tax etc.

Comments :

Related Articles


Loading


Popular Articles





CCI Pro

CCI Articles

submit article


Company
16 October 2026
CA article trainee

Zerdi & Co. Chartered Accountants

Pune

CA Inter

View Details
Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
ARTICLESHIP 17 October 2026
Articled Assistant

RRPM & Associates LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
28 October 2026
Assistant Director/ Associate Director-Finance & Accounting

Krea University

Chennai

CA

View Details
Company
24 October 2026
CA Industrial Trainee

Fytomax Nutrition Private Limited

Aurangabad

CA Inter

View Details
Company
06 October 2026
Assistant Manager - Audit and Compliance

Ravi K Jain & Co

Noida

Others

View Details