Form 56 FF

Rule 16DD of Income Tax (35th Amendment) Rules 2021, Read with Section 10A (1B)(b)

Income Tax Act, 1961

Income Tax

Background: Undertakings established in Special Economic Zones are being provided benefits of deductions of profits and gains from the export of articles or things or computer software for a specified period under Income Tax Act. Section 10A specifies the deductions allowed to undertakings setup in Special Economic Zone along with respective conditions and filings of forms / returns.

As per Section 10A (1A) following deductions are allowed to units in Special Economic Zones in computing the total income:

It has been provided that no deduction under this section shall be allowed to an assessee who does not furnish a return of his income on or before the due date specified under sub-section (1) of section 139.

As per Section 10A (1B), the deduction mentioned under clause 1(A)(ii) can be claimed only on compliance of the following conditions:

  • The amount credited to the Special Economic Zone Re-investment Allowance Reserve Account is to be utilized:
      1. For the purposes of acquiring new machinery or plant which is first put to use before the expiry of a period of three years next following the previous year in which the reserve was created; and
      2. Until the acquisition of new machinery or plant as aforesaid, for the purposes of the business of the undertaking other than for distribution by way of dividends or profits or for remittance outside India as profits or for the creation of any asset outside India.
  • The particulars, as may be prescribed in this behalf, have been furnished by the assessee in respect of new machinery or plant along with the return of income for the assessment year relevant to the previous year in which such plant or machinery was first put to use.

As per Rule 16DD, the particulars which are required to be furnished by the assessee along with the return of income as mentioned in clause (b) of sub-section (1B) of section 10A shall be in Form No. 56FF.

An extract of Form 56FF is given below:

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