Analysis of Section 80PA Deduction in Respect to Certain Income of Producer Companies:
1. Eligible businesses eligible for 100% deduction from the gross total income of the producer company include marketing of agricultural produce grown by members, purchase of agricultural implements, seeds, livestock or other articles intended for agriculture for the purpose of supplying them to the members, and processing of agricultural produce of the members.
2. To be eligible for Section 80PA deduction, the producer company must have a total turnover of less than one hundred crore rupees in any previous year.
3. The Section 80PA deduction is allowed for the previous year relevant to an assessment year commencing on or after the 1st day of April, 2019, but before the 1st day of April, 2025.
4. In cases where the assessee is entitled to Section 80PA deduction under any other provision of the same Chapter, the deduction under Section 80PA is allowed with reference to the income referred to in this section, and is reduced by the deductions under such other provisions of that Chapter.
5. Section 80PA deduction is available only to producer companies and should be noted that “Producer Company” means a company formed and registered under Section 581A of the Companies Act, 1956.
6. A “producer”, as defined in this section, means an individual or a body corporate or any association of persons that satisfy the conditions and restrictions specified in Clause (d) of Section 581A of the Companies Act, 1956.
7. Companies other than the producer companies and companies that do not fall under the definition of a “producer” are not eligible for this deduction.
8. The profits and gains attributable to the eligible business are to be included in the gross total income to be eligible for this deduction.
9. Section 80PA deduction should also be noted that deduction under this section should be allowed with reference to the income referred to in this section and is reduced by deductions under other provisions of the same Chapter.
10. It is important to note that the deduction under this section is not applicable to companies that have total turnover of more than one hundred crore rupees. Such producer companies are not eligible for deduction under this section.
11. The income which is liable to be included in computing the total income of the assessee should be the net amount reckoned after deducting all expenses that are directly attributable to the eligible business.
12. It is also important to note that the deduction allowed under this section is over and above the other deductions presently available under the Income Tax Act.
13. Section 80PA deduction should be claimed in the tax return pertaining to the applicable assessment year that commences on or after 1 April, 2019.
14. Section 80PA deduction is allowed even if the eligible business is not the sole or predominant source of income for the assessee.
15. Section 80PA deduction is applicable only to the income of a Producer Company
In conclusion, Section 80PA of the Income Tax Act, 1961 provides a beneficial deduction of 100% profits and gains of an eligible business of a Producer Company to be deducted from the total income of the assessee. It is important to remember that the deduction should be with reference to the gross total income, after accounting for deductions under other provisions of the same Chapter. Producers should be aware of the full conditions and restrictions of the section before filing their returns with the applicable assessment year.
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can a company registered under section of 378B of The Companies Act, 2013, can also claim deduction under section 80PA of The Income Tax Act, 1961 ?