Form 10DA

Form 10DA to be filed for claiming employment incentive deduction under section 80JJAA

Introduction

An assessee desiring to claim employment incentive under section 80JJAA for recruiting new employees during the tax year is required to furnish a report from a practicing Chartered Accountant in Form 10DA.

Section 80JJAA: Background

Section 80JJAA grants incentive in the form of deduction @ 30% of additional employee cost incurred by the tax payer who derives profits and gains from business and is liable to get the accounts audited u/s 44AB.

The said deduction can be claimed for three consecutive tax years starting from the tax year in which the additional new employee has been recruited.

Conditions to be fulfilled to claim deduction u/s 80JJAA

  1. Employee Incentive of 30% in the form of deduction is available only for additional employees. Additional employees must be those whose employment has the effect of increasing the total number of employees employed by the employer as on the last day of the preceding tax year.
  2. Additional employees must be employed for a period of 240 days or more during the tax year. However, in case the employee does not complete the 240 day’s period in the preceding tax year due to his employment in the later half of the year, and if he completes the 240 days in next tax year, then his employment for claiming the deduction will be counted in next tax year only.
  3. The additional employees for whom employment incentive is to be claimed should not have monthly emoluments greater than Rs. 25,000.
  4. The additional employees should be covered under the Employee Provident Fund Scheme.
  5. The emoluments are paid by the employer through account payee cheque or account payee bank draft or electronic payment system.
  6. A report from Practicing Chartered Accountant in Form 10DA is to be furnished at least one month prior to the due date of furnishing Return of Income

Time Period for claiming the deduction

The said deduction can be claimed for 3 consecutive years starting from the year in which the additional employee has been employed. However, in case any employee has joined in the later half of the year and completes 240 days in the subsequent tax year, then his count for the said deduction is to be taken from subsequent tax year onwards.

Form 10DA

  1. Form 10 DA is the report from a Practicing Chartered Accountant.
  2. Required to be furnished at least one month prior to filing of Return of Income.
  3. Required to be furnished for each of the three years in which deduction is to be claimed.

Due Date to furnish Form 10DA

Form 10DA is to be furnished at least one month prior to filing of Return of Income. Thus, following two deadlines can be considered as last date:

  1. 31st October: For assessee entered into International Transaction or Specified Domestic Transactions under section 92E and due date to furnish Return of Income is 30th
  2. 30th September: For assessee not having International Transaction or Specified Domestic Transactions under section 92E and due date to furnish Return of Income is 31st

Mode of filing Form 10DA

Form 10DA is to be filed online on Income Tax Portal.

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