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INCENTIVE IN FORM OF DEDUCTION OF 30% OF THE EMOLUMENTS PAID TO ADDITIONAL ‎EMPLOYEES -SECTION 80JJA OF INCOME TAX ACT

B.P.Mundra > Income Tax > Cases Income tax > 80JJA > INCENTIVE IN FORM OF DEDUCTION OF 30% OF THE EMOLUMENTS PAID TO ADDITIONAL ‎EMPLOYEES -SECTION 80JJA OF INCOME TAX ACT

admin November 16, 2019

80JJA, Deduction in respect of employment of new employees

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80jjaINCENTIVE IN FORM OF DEDUCTION OF 30% OF THE EMOLUMENTS PAID TO ADDITIONAL ‎EMPLOYEES -SECTION 80JJA OF INCOME TAX ACT
‎1.‎ The Incentive has been made available to following:-‎
A.‎ all assesses having income under the head profits and gains from business.‎
B.‎ This deduction is available also in respect of a business which is formed as a result of re-‎establishment, reconstruction or revival by the assessee of the business in the circumstances and ‎within the period specified in section 33B; ‎
C.‎ Applicability of tax audit under section 44AB and ‎
D.‎ certification of deduction from Chartered Accountant is kept mandatory for the assessee to be ‎eligible for deduction with a intention to avoid bogus claims for deduction
E.‎ The taxpayer must file income tax return along with report of a Chartered Accountant in Form ‎‎10DA.‎
‎2.‎ The detailed calculation of allowable deduction is as under:-‎
A.‎ Incentive in form of deduction of 30% of the emoluments paid to additional employees ‎
B.‎ Available for 3 assessment years including the AY relevant to previous year in which such ‎employment is provided. ‎
C.‎ This deduction is over and above actual salary paid to such employees. ‎
D.‎ illustration: ‎
a)‎ Additional employees 100‎
b)‎ Average annual emoluments of every employee Rs. 2 lacs
c)‎ Total additional emoluments Annual 200 Lacs‎
d)‎ deduction @ 30% of total emoluments paid to these new employees Rs 60 lacs per year
E.‎ Deduction of 30% is allowed for the benefit for a new employee who is employed for less than the ‎minimum period during the first year but continues to remain employed for the minimum period ‎in subsequent year.‎
‎3.‎ ‎”emoluments” means any sum paid or payable to an employee in lieu of his employment by ‎whatever name called, but does not include—‎
a.‎ any contribution paid or payable by the employer to any pension fund or provident fund or any ‎other fund for the benefit of the employee under any law for the time being in force; and
b.‎ any lump-sum payment paid or payable to an employee at the time of termination of his service ‎or superannuation or voluntary retirement, such as gratuity, severance pay, leave encashment, ‎voluntary retrenchment benefits, commutation of pension and the like.‎
‎4.‎ No deduction is available for Following employees
a.‎ an employee whose total emoluments are more than twenty-five thousand rupees per month; or
b.‎ an employee for whom the entire contribution is paid by the Government under the Employees’ ‎Pension Scheme notified in accordance with the provisions of the Employees’ Provident Funds ‎and Miscellaneous Provisions Act, 1952 (19 of 1952); or
c.‎ an employee employed for a period of less than two hundred and forty days during the previous ‎year; (The minimum employment period during the year has been reduced down from 300 days ‎to 240 days (150 days in case of the taxpayers engaged in manufacturing of apparel- footwear ‎and leather industry) or
d.‎ an employee who does not participate in the recognised provident fund;‎
e.‎ The cash payments of salaries are not covered in this incentive scheme. ‎
f.‎ Deduction is not available if the business is formed by splitting-up or reconstruction of existing ‎business or if the business is acquired by way of transfer or as a result of business re-‎organisation. Thus, the entities formed by way of demerger, merger or slump purchase of ‎existing businesses would not qualify for the said deduction since it does not create any new ‎employment. The deduction is available in respect of a business which is formed as a result of re-‎establishment, reconstruction or revival by the assessee of the business in the circumstances and ‎within the period specified in section 33B; ‎
‎ ‎
‎5.‎ Rule 19AB Form of report for claiming deduction under section 80JJAA.‎
Report of an accountant which is required to be furnished by the assessee along with the return of ‎income under clause (c) of sub-section (2) of section 80JJAA shall be in ‘Form No. 10DA.’ ‎
FORM NO. 10DA
‎[See rule 19AB]‎
Report under section 80JJAA of the Income-tax Act, 1961‎
‎1‎ I/ We* have examined the accounts and records of _______________ (Name and address of the assessee with ‎permanent account number) engaged in the business of ____________ during the year ended on 31st day of ‎March ________________ .‎
‎2‎ I/We* certify that the deduction to be claimed by the assessee under sub-section (1) of section 80JJAA of ‎Income-tax Act, 1961, in respect of the assessment year _____________ is Rs. ____________ determined on ‎the basis of additional employee cost incurred in the case of said business by the assessee in the previous year. ‎The said amount has been worked out on the basis of details given in annexure to this form.‎
Place: _______________________ ‎
Date: _______________________ (Signature and Stamp/Seal of the Accountant) ‎
Name of the Signatory __________________ ‎
Full Address __________________ ‎
‎ Membership No __________________‎
Notes: ‎
‎1. *Delete whichever is not applicable. ‎
‎2. This report is to be given by a chartered accountant within the meaning of the Chartered Accountants Act,1949 who holds a ‎valid certificate of practice under section 6(1) of that Act and is not a person referred to in clause (a) or clause (b) of the ‎Explanation below sub-section (2) of section 288. ‎
‎3. Where any of the matter stated in this report is answered in the negative or with a qualification, the report shall state the ‎reasons therefore. ‎
ANNEXURE
‎(See paragraph 2 of Form No. 10DA)‎
‎1‎ Name of the assessee
‎2‎ Address of the assessee
‎3‎ Permanent Account Number of the assessee
‎4‎ Assessment Year
‎5‎ Additional employee cost incurred
‎(I)‎ In case of an existing business:‎
a Number of employee as on the last day of the preceding year
b Number of employee as on the last date of the previous year.‎
c Increase in the number of employee from the total number of ‎employee employed as on the last day of the preceding year (a)-‎‎(b).‎
d Number of additional employee* employed during the year.‎
e Number of additional employee entitled for deduction i.e. not ‎exceeding the number of increase in number of employee as ‎computed in (c).‎
f Emoluments** paid or payable to additional employee entitled ‎for deduction as computed in (e) #.‎
‎(II)‎ In case of a new business, emoluments paid or payable to ‎additional employees employed during the first year of business.‎
‎6‎ ‎30% of the amount computed in 5(I)(f) or 5(II).‎
‎7‎ Remarks.‎
Notes:‎
‎1.*‎ ‎’additional employee’ means an employee who has been employed during the previous year and whose employment ‎has the effect of increasing the total number of employees employed by the employer as on the last day of the ‎preceding year, but does not include, – ‎
‎(a)‎ an employee whose total emoluments are more than twenty-five thousand rupees per month; or
‎(b)‎ an employee for whom the entire contribution is paid by the Government under the Employees’ Pension ‎Scheme notified in accordance with the provisions of the Employees’ Provident Funds and Miscellaneous ‎Provisions Act, 1952 (19 of 1952); or
‎(c)‎ an employee employed for a period of less than two hundred and forty days (one hundred and fifty days in ‎case of an assessee engaged in the business of manufacturing of apparel) during the previous year; or
‎(d)‎ an employee who does not participate in the recognized provident fund;‎
‎2**‎ ‎’emoluments’ means any sum paid or payable to an employee in lieu of his employment by whatever name called, ‎but does not include- ‎
‎(a)‎ any contribution paid or payable by the employer to any pension fund or provident fund or any other fund ‎for the benefit of the employee under any law for the time being in force; and ‎
‎(b)‎ any lump-sum payment paid or payable to an employee at the time of termination of his service or ‎superannuation or voluntary retirement, such as gratuity, severance pay, leave encashment, voluntary ‎retrenchment benefits, commutation of pension and the like’‎
‎3. #‎ the amount shall be nil if the emoluments are paid otherwise than by an account payee cheque or account payee ‎bank draft or by way of a electronic clearing system through a bank account.

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