Deduction for Whom
This deduction is only available to an assessee who is engaged in the business of growing or manufacturing of coffee /tea / rubber .
Where to Deposit
The deduction is available only if certain amount is deposited in
(a) NABARD (National Bank For Agriculture And Rural Development)
As per Scheme of tea board /coffee board /rubber board)
(b) Any deposit account.
(As per scheme of tea /coffee /rubber board + this scheme should be approved by Central Government.)
Amount of Deduction
(1) The amount of deduction available is
(a) Amount deposited
(b) 40% of PGBP without considering Section 33AB deduction
whic hever is less.
Time Period to Deposit
6 months from end of the financial year in when deduction claimed. i.e. 30 September
Or
Return Fililng Date (31 July/30 September/30 November)
Which ever is earlier
EXAMPLE
S.NO | PARTICULARS | CASE 1 | CASE 2 | CASE 3 |
A | DUE DATE OF ITR | 31-Jul | 30-Sep | 30-Nov |
B | 6 MONTH FROM END OF FY | 30-Sep | 30-Sep | 30-Sep |
C | Amount to be deposited by | 31 July | 30-Sep | 30-Sep |
(earlier of A AND B) |
Audit Requirement
- Compulsory audit required by CA, to claim deduction under this section, CA should give report in Prescribed form (Form 3AC).
- If accounts already audited under any law then separate audit under this section not required .However audit report in Form 3C required
How to utilize amount deposited .
It is to be utilized only as per scheme of tea / coffee / rubber board.
However,Amount not allowed to be utilized for :
- Purchase of machinery which is to be used in office / home / guest house .
- Any office appliances (however computer allowed)
- Any plant & machinery whose 100% cost allowed as deduction under PGBP (for example 100% depreciation assets )
- Any machinery which is used for manufacture of prohibited item mentioned in Eleventh schedule .
Withdrawal of deposit
Case |
Taxability |
Closure of business |
Taxable |
Dissolution of firm |
Taxable |
Partition of H.U.F |
Not taxable |
Death of assesse |
Not taxable |
Liquidation of company . |
Not taxable |
If amount withdrawn/not used as per scheme then it will be treated as income and charged to Income Tax.
Asset Acquired Out of Funds of Scheme
Such assets should not be transferred within 8 years
If transferred it will be treated as income of year in which it is transferred.
Exceptions
However in the following cases these is no restriction of 8 years .
- Assets sold to government / Local Authority / Government Company
- Conversion of partnership into company if all assets liabilities are transferred to company and all partners either become shareholder/members of the company .
QUESTIONS
Q1
Proft and Loss of A Ltd,a Tea Company | |
SALES | 3000000 |
Less | |
EXPENSES | 2000000 |
PROFIT | 1000000 |
Suppose expense include | |
Illlegal Expenses | 100000 |
Amt Deposited in NABARD in a Special scheme of Tea Board | 400000 |
Total | 500000 |
Compute 33AB Deduction and PGBP Income
View AnswerStep 1 | |
Computation of PGBP Income(without Considering 33AB deduction) | |
Profit as per P& L A/c | 1000000 |
Add | |
Expense Disallowed | |
Illegal Expenses | 100000 |
Amt Deposited in NABARD in a Special scheme of Tea Board | 400000 |
Expense Allowed | |
PGBP INCOME (without Considering 33AB deduction) | 1500000 |
Step 2 | ||
Deduction u/s 33AB | ||
A | 40% of PGBP (without Considering 33AB deduction) | 600000 |
(40%*1500000) | ||
B | Amt deposited | 400000 |
C | Deduction Available (Lower of A and B) | 400000 |
Step 3 | |
Computation of PGBP Income ( Considering 33AB deduction) | |
PGBP INCOME (without Considering 33AB deduction) | 1500000 |
Less | |
Deduction u/s 33AB | 400000 |
PGBP Income | 1100000 |