Issue/Justification

Section 28 provides for income that is chargeable to income tax under the head “profit and gains from business or profession”. As per sub-section (iiia) of section 28, profit on sale of license granted under the Imports (Control) Order, 1955, made under the Imports and Exports (Control) Act, 1947 is chargeable to tax under the head “profit and gains from business or profession”.

It is pertinent to mention that “The Import and Exports Control Act, 1947” as mentioned in section 28(iiia) has been repealed. Further, advance Authorization issued in place of erstwhile advance licenses are not transferable as per the Foreign Trade Policy issued under Foreign Trade (Development and Regulation) Act, 1992.

Suggestion

Since the Import and exports Control Act, 1947 has been repealed and advance Authorization issued in place of erstwhile advance licenses are not transferable as per the Foreign Trade Policy issued under Foreign Trade (Development and Regulation) Act, 1992, sub-section (iiia) to section 28 be omitted.

Source-  ICAI Pre-Budget Memorandum–2018 (Direct Taxes and International Tax)
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