Section 61 of Income Tax Act, 2025 : Special provision for computation of income on presumptive basis in respect of certain business activities of certain nonresidents

(1) The provisions of sections 26 to 54, to the extent contrary to this section, shall not apply to the specified business mentioned in column B of the Table in sub-section (2).
(2) The profits and gains of any specified business as mentioned in column B of the Table below, carried on by a specified assessee as mentioned in column C of the said Table during a tax year, shall be computed in the manner specified in column D thereof, and charged to income-tax for the said tax year under the head “Profits and gains of business or profession”.

(3) For the purposes of (Table: Sl. Nos. 1 to 5) of sub-section (2), the specified assessee may claim that the profits actually earned from the specified business are lower than the business profits computed under sub-section (2), if,––
(a) he keeps and maintains such books of account and other documents as required under section 62; and
(b) gets his accounts audited and furnish a report of such audit as required under section 63.
(4) Any loss, allowance or deduction allowable under the provisions of this Act shall not be allowed against the income computed in the manner specified in sub-section (2).
(5) The written down value of any asset used for the purposes of specified business or profession shall be computed, as if the assessee mentioned in column C of the Table in sub-section (2) had claimed and was actually allowed depreciation thereon for each of the relevant tax years.
(6) For the purposes of sub-section (2) (Table: Sl. No. 5) the provisions of this section shall not apply where the provisions of section 54 or 59 or 207 or 527 apply for the purposes of computing profits and gains or any other income referred to in the said sections.
(7) In this section, “plant” includes ships, aircrafts, vehicles, drilling units, scientific apparatuses and equipments, used for the purposes of the specified business as mentioned in sub-section (2) (Table: Sl. No. 5).
(8) For the purposes of sub-section (2) (Table: Sl. No. 6), resident company shall satisfy the following:—
(a) it is establishing or operating electronics manufacturing facility or a connected facility for manufacturing or producing electronic goods, article or thing in India, under a scheme notified by the Central Government in the Ministry of Electronics and Information Technology; and
(b) it satisfies the conditions prescribed in this behalf

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Advocate Shruti Goyal Advocate
Advocate Shruti Goyal is a legal expert specializing in corporate law and compliance. She writes to simplify legal topics for businesses and individuals alike.