Deduction under section 80JJAA


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Quick Summary
This discussion clarifies the eligibility for Section 80JJAA deductions concerning companies formed by splitting existing entities. The key point is whether a split occurring before or after the introduction of the section impacts the claim. Generally, reorganisations before the Finance Act 2016's introduction of the section do not affect eligibility for deductions from AY 2017-18 onwards, provided the split company existed at the time of the section's introduction.

15 September 2022 In Section 80jjaa deduction is not available in case - The business is not acquired by the assessee by way of transfer from any other person or as a result of any business reorganisation

If Co is formed by splitting of Co in 2010 then this condition is applicable for deduction as there is no time limit in section.

15 September 2022 The condition is applicable only after introduction of the section as per Finance act, 2016.
So, for any reorganization in 2010 should not affect the claim from AY 2017-18 or there after.

15 September 2022 Can you please brief this ?

15 September 2022 As at the time of introduction of the sub-sec, the split company existed. In other words the company has not been organized after the introduction of the rule...
As per simple reading of the section, all the companies existing on the date of the introduction of section were eligible for the deduction, but not after the re-organization that would have taken place after 1st April, 2016.

15 September 2022 Thank you so much for this reply

15 September 2022 You are welcome ..

15 September 2022 There is not Mentioned in section that not split after introduction of this section.

15 September 2022 Its simple interpretation, when nothing specified about its date of implementation, specifically with any retrospective effect.


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