Section 16A: Small enterprise quali(cid:191)ed under an approved scheme
This section is inserted by Finance Act 2016, section 27.
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
16A. Small enterprise quali(cid:191)ed under an approved scheme
(1) Notwithstanding the other provisions of this Act,
but subject to this section, any individual who sets up a new
small enterprise on or after 2 June 2015 shall, where the small
enterprise –
(a) i s registered under the Small and Medium
Enterprises Development Authority Act on or
after 2 June 2015; and
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(b) quali(cid:191)es under a scheme referred to in section
5A of the Small and Medium Enterprises
Development Authority Act,
be exempt from income tax in respect of the income derived
from a project under the scheme.
(2) The period of exemption under subsection (1) shall
not exceed 8 succeeding income years from the income year –
(a) s tarting on 1 July 2016, for an enterprise
required to submit a CPS Statement under
section 106;
(b) s tarting on 1 July 2015, for an enterprise not
required to submit a CPS Statement under
section 106; or
(c) i n which the individual starts the activities
relating to a project under the scheme referred
to in section 5A of the Small and Medium
Enterprises Development Authority Act.
(3) Any unrelieved tax losses shall not be carried forward
after the expiry of the period referred to in subsection (2).
(d) in section 24 –
(i) b y repealing subsection (3) and replacing it by the
following subsection –
(3) No annual allowance shall be allowed under
this section unless the expenditure is incurred exclusively
in the production of gross income.
(ii) by adding the following new subsections –
(7) Notwithstanding any other provision of this
Act where a company has invested 60 million rupees
or more or at least 20 per cent of the stated capital of a
spinning factory, whichever is the higher, during the
228 Acts 2016
years 2003 to 2008, it shall be allowed an investment
tax credit by way of deduction from its tax liability as
follows –
(a) 1 5 per cent of the investment over 4
years; or
(b) 10 per cent over 6 years,
a s from the year the investment was made, less any
investment tax credit it has been allowed in the past in
respect of the same investment.
(8) Notwithstanding any other provision of this
Act, where a company has invested 10 million rupees or
more or at least 20 per cent of the stated capital, whichever
is the higher, of a weaving, dyeing or knitting of fabrics
factory during the years 2003 to 2008, it shall be allowed
an investment tax credit by way of deduction from its tax
liability as follows –
(a) 1 5 per cent of the investment over 4
years; or
(b) 10 per cent over 6 years,
a s from the year the investment was made, less any
investment tax credit it has been allowed in the past in
respect of the same investment.
(e) in section 27A –
(i) in subsection (2), by deleting the words “taken on or after
1 July 2006”;
(ii) in subsection (4)(c), by deleting the (cid:191)gure “2” and
replacing it by the (cid:191)gure “4”;
(f) in section 27C, in subsection (1), by inserting, after the words
“net income”, the words “after deducting any amount under
sections 27, 27A and 27B”;
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(g) in section 49B –
(i) in subsection (1)(a), by inserting, after the words “income
tax”, the words “in respect of income derived from the
activities relating to a project under a scheme referred
to in section 5A of the Small and Medium Enterprises
Development Authority Act”;
(ii) b y repealing subsection (4) and replacing it by the
following subsection –
(4) In this section –
“small company” means –
(a) a company incorporated under the
Companies Act
er
sections 27, 27A and 27B”;
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(g) in section 49B –
(i) in subsection (1)(a), by inserting, after the words “income
tax”, the words “in respect of income derived from the
activities relating to a project under a scheme referred
to in section 5A of the Small and Medium Enterprises
Development Authority Act”;
(ii) b y repealing subsection (4) and replacing it by the
following subsection –
(4) In this section –
“small company” means –
(a) a company incorporated under the
Companies Act and registered under
the Small and Medium Enterprises
Development Authority Act on or after
2 June 2015;
(b) a co-operative society set up on or
after 2 June 2015 and registered under
the Small and Medium Enterprises
Development Authority Act.
(h) by repealing section 50L and replacing it by the following
section –