CHAPTER IV
COMPUTATION OF TOTAL INCOME
Investment in new plant or machinery
32AC. (1) Where an assessee,being a company, engaged in the business of manufacture or productionof any article or thing, acquires and installs new asset after the 31st day ofMarch, 2013 but before the 1st day of April, 2015 and the aggregate amountof actual cost of such new assets exceeds one hundred crore rupees, then,there shall be allowed a deduction,—
(a) for the assessment year commencing on the 1st day of April, 2014, ofa sum equal to fifteen per cent of the actual cost of new assetsacquired and installed after the 31st day of March, 2013 but before the1st day of April, 2014, if the aggregate amount of actual cost of suchnew assets exceeds one hundred crore rupees; and
(b) for the assessment year commencing on the 1st day of April, 2015, ofa sum equal to fifteen per cent of the actual cost of new assetsacquired and installed after the 31st day of March, 2013 but before the1st day of April, 2015, as reduced by the amount of deduction allowed,if any, under clause (a).
(1A) Where an assessee, being a company, engaged in the business of manufacture or production of any article or thing, acquires and installs new assets and the amount of actual cost of such new assets acquired during any previous year exceeds twenty-five crore rupees and such assets are installed on or before the 31st day of March, 2017 then, there shall be allowed a deduction of a sum equal to fifteen per cent. of the actual cost of such new assets for the assessment year relevant to that previous year:
Provided that where the installation of the new assets are in a year other than the year of acquisition, the deduction under this sub-section shall be allowed in the year in which the new assets are installed.
Provided further that no deduction under this sub-section shall be allowed for the assessment year commencing on the 1st day of April, 2015 to the assessee, which is eligible to claim deduction under sub-section (1) for the said assessment year.
(1B) No deduction under sub-section (1A) shall be allowed for any assessment year commencing on or after the 1st day of April, 2018.”
(2) If any new asset acquired and installed by the assessee is sold orotherwise transferred, except in connection with the amalgamation ordemerger, within a period of five years from the date of its installation, theamount of deduction allowed under sub-section (1) or sub-section (1A) in respect of such newasset shall be deemed to be the income of the assessee chargeable underthe head “Profits and gains of business or profession” of the previous yearin which such new asset is sold or otherwise transferred, in addition totaxability of gains, arising on account of transfer of such new asset.
(3) Where the new asset is sold or otherwise transferred in connection withthe amalgamation or demerger within a period of five years from the dateof its installation, the provisions of sub-section (2) shall apply to theamalgamated company or the resulting company, as the case may be, asthey would have applied to the amalgamating company or the demergedcompany.
(4) For the purposes of this section, “new asset” means any new plant ormachinery (other than ship or aircraft) but does not include—
(i) any plant or machinery which before its installation by the assesseewas used either within or outside India by any other person;
(ii) any plant or machinery installed in any office premises or anyresidential accommodation, including accommodation in the natureof a guest house;
(iii) any office appliances including computers or computer software;
(iv) any vehicle; or
(v) any plant or machinery, the whole of the actual cost of which isallowed as deduction (whether by way of depreciation or otherwise)in computing the income chargeable under the head “Profits andgains of business or profession” of any previous year.’.