Section 206Chapter 13

Special provision for minimum alternate tax and alternate minimum tax

(1)

Irrespective of anything contained in any other provision of this Act, where in the case of an assessee, referred to in column B of Table, the income-tax payable on the total income as computed under this Act in respect of a tax year is less than the percentage referred to in column C of the said Table of book profit in the case of a company or of adjusted total income in any other case, computed as per the provisions of Note to the said Table, then–– (a) such book profit in the case of a company or such adjusted total income in any other case shall be deemed to be the total income of that assessee for such tax year; and (b) the tax payable on such total income shall be at the rate provided in column C of the said Table. Table Sl. Assessee Percentage of book profit or No. adjusted total income A B C 1. A company, other than a unit 15% of book profit. as referred to against serial number 2. 2. A unit, being a company 9% of book profit. located in an International Financial Services Centre and derives its income solely in convertible foreign exchange. 3. A person, other than–– 18.5% of adjusted total income.

(a)

a company;

(b)

a co-operative society;

(c)

a unit as referred to against serial number 4. 4. A unit, being a person other 9% of adjusted total than a company located in an income. International Financial Services Centre and derives its income solely in convertible foreign exchange. 5. A co-operative society. 15% of adjusted total income. Note 1:—Adjusted total income, for the purposes of Sl. Nos. 3, 4 and 5 shall be the total income before giving effect to this section, as increased by deductions claimed, if any, under—

(a) any section (other than section 149section 149) included in Chapter VIII-C;

(b)

section 144section 144; and

(c) section 46section 46 as reduced by depreciation allowable as per the provisions of section 33section 33, as if no deduction was allowed in respect of the assets on which the deduction under that section is claimed.

(2)

The book profit under this section shall be computed in the following manner:–– B = P + (I-R) where,–– B = book profit for the purposes of this section; P = profit, as shown in the statement of profit and loss for the relevant tax year prepared as per sub-section (3); I = amounts mentioned in column B of Table below; R = amounts mentioned in column C of said Table. Table Sl. Amounts (to be increased) Amounts (to be reduced) No. A B C 1. (a) Income-tax paid or payable (a) The amount withdrawn from 5 and the provision therefor, if any any reserve or provision, where,–– such amount is debited to the (i) any such amount is credited statement of profit and loss, where to the statement of profit and loss income-tax shall include— (excluding a reserve created (i) any interest charged under before the 1st April, 1997 this Act; otherwise than by way of a debit (ii) surcharge, if any, as to the statement of profit and levied under the Central Acts; loss); and (ii) the book profit of such (iii) Education Cess on year has been increased by those income-tax, if any, as levied under the Central Acts; and reserves or provisions out of which the said amount was

(iv)

Secondary and Higher withdrawn; Education Cess on income-tax, (b) income to which any of the if any, as levied under the provisions of section 11section 11 apply or Central Acts; any regular income of a registered (b) the amounts carried to any non-profit organisation referred in reserves, called by any name, if section 335section 335, if any such amount is any such amount is debited to the credited to the statement of profit statement of profit and loss; and loss;

(c)

the amount or amounts set (c) depreciation debited to the aside for meeting liabilities, other statement of profit and loss than ascertained liabilities, if any excluding the depreciation on such amount is debited to the account of revaluation of assets; statement of profit and loss;

(d)

the amount withdrawn from (d) the amount by way of revaluation reserve and credited to provision for losses of subsidiary the statement of profit and loss, to companies, if any such amount is the extent it does not exceed debited to the statement of profit depreciation on account of and loss; revaluation of assets referred to in (e) dividends paid or proposed, clause (c); if any such amount is debited to the (e) deferred tax, if any such statement of profit and loss; amount is credited to the statement (f) expenditure relatable to any of profit and loss; income to which provisions of (f) loss brought forward section 11section 11 apply or any expenditure (excluding depreciation) or out of regular income of a registered unabsorbed depreciation, whichever non-profit organisation referred in is less, as per books of account, section 335section 335, if any such amount is except, where either of such amount debited to the statement of profit and is nil, in case of a company other loss; than the company referred to in (g) depreciation, if any such sub-section (4) (Table: Sl. No. 6 or amount is debited to the statement 7); and of profit and loss;

(g)

such amounts mentioned in (h) deferred tax and the column D of the Table in provision therefor, if any such sub-section (4), in case of an amount is debited to the statement assessee mentioned in column B of of profit and loss; the said Table. A B C (i) the amount or amounts set aside as provision for diminution in the value of any asset, if any such amount is debited to the statement of profit and loss;

(j)

the amount standing in revaluation reserve relating to revalued asset on the retirement or disposal of such asset, if any such amount is not credited to the statement of profit and loss; and

(k) such amounts mentioned in column C of the Table under sub-section (4), in case of an assessee mentioned in column B of the said Table.

(3)

For the purposes of this section, every company shall prepare its statement of profit and loss for the relevant tax year in the following manner:––

(a) if it is an insurance or banking company, or a company engaged in the generation or supply of electricity, or any other class of company for which a form of financial statement has been specified under the enactment governing such class of company, as per the provisions of such enactment;

(b)

in all other cases, as per the provisions of Schedule III to the Companies Act, 2013.

(4)

While computing the book profit under sub-section (2), the following amounts shall be further adjusted:–– Table Amounts Amount S. No. Assessee (to be increased) (to be decreased) A B C D 1. A company The amount or Income referred to in being a member amounts of Note if any such amount of association of expenditure relatable is credited to the persons or body to income referred to in statement of profit and of individuals Note if any such loss. amount is debited to the statement of profit and loss Note : Income, being share of the assessee in the income of an association of persons or body of individuals, on which no income-tax is payable as per the provisions of section 310section 310. 2. A foreign The amount or Income referred to in company amounts of expenditure Note , if such income is relatable to income credited to the referred to in Note , if statement of profit and any such amount is loss. debited to the statement of profit and loss. A B C D Note: Income, accruing or arising to an assessee from— (a) the capital gains arising on transactions in securities; or (b) the interest, dividend, royalty or fees for technical services chargeable to tax at the rate or rates specified in Chapter XIII, 5 if the income-tax payable thereon as per the provisions of this Act, other than the provisions of this Part, is at a rate less than the rate specified in sub-section (1). 3. A company, Amount referred to in Amount referred to which has Note, if any such in Note, transferred any amount is debited to if any such amount is capital asset, the statement of profit credited to the being share of a and loss. statement of profit and special purpose loss. vehicle to a business trust Note: The amount representing–– (a) the notional loss on transfer of such capital asset, to a business trust in exchange of units allotted by the trust referred to in section 70section 70(1)(zi); or (b) the notional loss resulting from any change in carrying amount of the said units; or (c) the loss on transfer of units referred to in section 70section 70(1)(zi). 4. A company, Gain on transfer of Loss on transfer of which has units referred to in units referred to in transferred any Note Note. capital asset, as referred to against serial number 3 Note: Units referred to in section 70section 70(1)(zi), computed by taking into account the cost of the shares exchanged with units referred to in the said clause, or the carrying amount of the shares at the time of exchange, where such shares are carried at a value other than the cost through statement of profit and loss, as the case may be. 5. Where total The amount or Income by way of income amounts of such royalty. includes expenditure relatable income by way to such royalty income, of royalty in if any such amount is respect of a debited to the patent which is statement of profit and chargeable to loss tax under section 194section 194(1)(Table: Sl. No. 2). A B C D 6. A company, Nil The aggregate of and its unabsorbed subsidiary and depreciation and loss the subsidiary of (excluding such subsidiary, depreciation) brought where, the forward. Tribunal, on an application moved by the Central Government under section 241section 241 of the Companies Act, 2013 has after suspension of the Board of Directors of such company has nominated new directors under section 242section 242 of the said Act 7. A company Nil The aggregate of against whom unabsorbed depreciation corporate and loss (excluding insolvency depreciation) brought resolution forward. process has been admitted by the Adjudicating Authority under section 7section 7 or 9 or 10 of the Insolvency and Bankruptcy Code, 2016 8. A sick Nil. Profits for the tax year industrial in which the such company under company has become a section 17section 17(1) of sick industrial company the Sick and ending with the tax Industrial year during which the Companies entire net worth of such (Special company becomes Provisions) Act, equal to or exceeds the 1985, as it stood accumulated losses. immediately before its repeal by the Sick Industrial Companies (Special Provisions) Repeal Act, 2003 A B C D 9. A company (a) All amounts (a) All amounts whose financial credited to the debited to the statement statements are statement of profit and of profit and loss as drawn up in loss as referred in Note referred in Note 1; 5 compliance 1; (b) the amounts or with the Indian aggregate of the (c) the amounts or Accounting amounts credited to the aggregate of the Standards, statement of profit and amounts debited to the specified in loss on distribution as statement of profit and Annexure to the referred in Note 2; loss on distribution as Companies (c) one-fifth of the referred in Note 2; (Indian transition amount, in the Accounting (c) one-fifth of the year of convergence Standards) transition amount, in and each of the Rules, 2015 the year of following four tax made under the convergence and each years, if such amount is Companies Act, of the following four not increased; 2013. tax years, if such (d) the amount or the amount is not aggregate of the decreased; amounts referred to in Note 3, if such amount (d) the amount or is not increased; the aggregate of the (f) the amount or amounts referred to in the aggregate of the Note 3, if such amount amounts referred to is not decreased; in Note 4, if such (e) the amount or amount is not the aggregate of the increased. amounts referred to in Note 4, if such amount is not decreased. Note 1: Other comprehensive income in the statement of profit and loss under the head “Items that will not be re-classified to profit or loss”, excluding— (i) revaluation surplus for assets as per the Indian Accounting Standards 16 and Indian Accounting Standards 38; or (ii) gains or losses from investments in equity instruments designated at fair value through other comprehensive income as per the Indian Accounting Standards 109; and the amount or the aggregate of the amounts referred to in clause (a) (i) and (ii) for the tax year or any of the preceding tax years, and relatable to such asset or investment, in the tax year in which the said asset or investment referred to in clause (a) is retired, disposed, realised or otherwise transferred. Note 2: on distribution of non-cash assets to shareholders in a demerger as per Appendix A of the Indian Accounting Standards 10. Note 3: sub-section (19)(f)(ii) to (v) relatable to such asset or investment, in the tax year in which the asset or investment referred to in such sub-clauses is retired, disposed, realised or otherwise transferred. Note 4: sub-section (19)(f)(ii) to (v) relatable to such foreign operations, in the tax year in which the foreign operation referred to in such sub-clause is disposed or otherwise transferred.

(5)

In case of a person, being a company, while preparing the annual accounts including statement of profit and loss,—

(a) the accounting policies;

(b)

the accounting standards adopted for preparing such accounts including statement of profit and loss; and

(c) the method and rates adopted for calculating the depreciation, shall be the same as have been adopted for the purpose of preparing such accounts including statement of profit and loss and laid before the company at its annual general meeting as per the provisions of section 129section 129 of the Companies Act, 2013, or correspond to the accounting policies, accounting standards and the method and rates for calculating the depreciation which have been adopted for preparing such accounts including statement of profit and loss for, such financial year or part of such financial year falling within the relevant tax year, where the company has adopted or adopts the financial year under the which is different from the tax year under this Act.

(6)

The provisions of this section shall not be applicable to any assessee, being a foreign company, where––

(a) the assessee is a resident of a country or a specified territory with which India has an agreement referred to in section 159section 159(1) or the Central Government has adopted any agreement under section 159section 159(2) and the assessee does not have a permanent establishment in India as per the provisions of such agreement; or

(b) the assessee is a resident of a country with which India does not have an agreement of the nature referred to in clause (a) and the assessee is not required to seek registration under any law in force relating to companies; or

(c) its total income comprises solely of profits and gains from business referred to in section 61section 61(2)(Table: Sl. Nos. 1, 3, 4 and 5), and such income has been offered to tax at the rates specified in the respective sections.

(7)

In the case of a resulting company, where the property and the liabilities of the undertaking or undertakings being received by it are recorded at values different from the values appearing in the books of account of the demerged company immediately before the demerger, any change in such value shall be ignored for the purpose of computation of book profit of the resulting company under this section.

(8)

In the case of an assessee being a company, where––

(a) there is an increase in book profit of the tax year due to income of past year or years included in the book profit on account of––

(i) an advance pricing agreement entered into by the assessee under section 168section 168; or

(ii) a secondary adjustment required to be made under section 170section 170; and

(b) the assessee has not utilised the credit of tax paid under this section in any subsequent tax year under sub-section (13), the Assessing Officer shall, on an application made to him in this behalf by the assessee,––

(i) recompute the book profit of the past year or years and tax payable, if any, by the assessee during the tax year under sub-section (1) in such manner, as prescribed; and

(ii) the provisions of section 287section 287 shall, so far as may be, apply and the period of four years specified in sub-sections (7) and (8) of that section shall be reckoned from the end of the tax year in which the said application is received by the Assessing Officer.

(9)

Irrespective of anything contained in any other provisions of this Act, no 5 interest shall be payable to an assessee on the refund arising on account of the provisions of sub-section (8).

(10)

In the case of an assessee being a company, nothing contained in sub-section (1) shall affect the determination of the amounts in relation to the relevant tax year to be carried forward to the subsequent year or years under the provisions of––

(a) section 33section 33(11); or

(b) section 111section 111; or

(d) section 113section 113; or

(e) section 115section 115.

(11)

Every assessee to which this section applies, shall furnish a report in the prescribed form from an accountant, certifying that the book profit in the case of a company, or adjusted total income in any other case, has been computed as per the provisions of this section––

(a) before the specified date referred to in section 63section 63; or

(b) along with the return of income furnished in response to a notice under section 268section 268(1) in the case of an assessee being a company.

(12)

Save as otherwise provided in this section, all other provisions of this Act shall apply to every assessee mentioned in this section.

(13)

Where any tax is paid under sub-section (1) by an assessee, then, credit shall be allowed to him of an amount which shall be the difference of the tax paid for any tax year under sub-section (1) and tax payable by the assessee on his total income computed as per the other provisions of this Act.

(14)

While allowing credit under sub-section (13),––

(a) no interest shall be payable on the tax credit so allowed; and

(b) where tax credit in respect of any income-tax paid in any country or specified territory outside India, under section 159section 159(1) or (2), allowed against the tax payable under the provisions of sub-section (1) exceeds such tax credit admissible against the tax payable by the assessee on its income as per the other provisions of this Act, then, while computing the credit under sub-section (13), such excess amount shall be ignored.

(15)

Tax credit determined under sub-section (13) shall be carried forward and––

(a) set off in a year, when tax becomes payable on the total income computed as per the provisions of this Act exceeds tax determined under sub-section (1); and

(b) such set off in respect of brought forward tax credit shall be allowed for any tax year to the extent of the difference between the tax on his total income and the tax which would have been payable under the provisions of sub-section (1) for that tax year, and such carry forward shall not be allowed beyond the fifteenth tax year immediately succeeding the tax year in which the tax credit becomes allowable under sub-section (13).

(16)

Where as a result of any order passed under this Act, tax payable under this Act is reduced or increased, tax credit allowed under sub-section (13) shall also be increased or reduced accordingly.

(17)

In case of conversion of a private company or unlisted public company into a limited liability partnership under the Limited Liability Partnership Act, 2008, the provisions of this section shall not apply to the successor limited liability partnership.

(18)

The provisions of this section shall not apply to–– (a) a person, being a company having income accruing or arising from life insurance business referred to in section 194section 194(1)(Table: Sl. No. 6); or (b) a person, who has exercised the option under–– (i) section 200section 200(5); or (ii) section 201section 201(2); or (iii) section 203section 203(5); or (iv) section 204section 204(2); or (c) a person, whose income-tax payable in respect of the total income of such person is computed under section 202section 202(1); or (d) an individual or a Hindu undivided family or an association of persons or a body of individuals, whether incorporated or not, or an artificial juridical person referred to in section 2section 2(77)(g), if the adjusted total income of such person does not exceed twenty lakh rupees; or (e) any specified fund referred to in Schedule VI (Note 1).

(19)

In this section,—

(a)

“Adjudicating Authority” shall have the same meaning as assigned to it in section 5section 5(1) of the Insolvency and Bankruptcy Code, 2016;

(b)

“convergence date” means the first day of the first Indian Accounting Standards reporting period as defined in the Indian Accounting Standards 101;

(c)

“net worth” shall have the meaning assigned to it in section 3section 3(1)(ga) of the Sick Industrial Companies (Special Provisions) Act, 1985, as it stood immediately before its repeal by the Sick Industrial Companies (Special Provisions) Repeal Act, 2003;

(d)

“private company” and “unlisted public company” shall have the meanings respectively assigned to them in the Limited Liability Partnership Act, 2008;

(e)

“securities” shall have the same meaning as assigned to it in section 2section 2(h) of the Securities Contracts (Regulation) Act, 1956;

(f)

“transition amount” means the amount or the aggregate of the amounts adjusted in the other equity (excluding capital reserve and securities premium reserve) on the convergence date, but not including the following:—

(i) amount or aggregate of the amounts adjusted in the other comprehensive income on the convergence date which shall be subsequently re-classified to the profit or loss;

(ii)

revaluation surplus for assets as per the Indian Accounting Standards 16 and Indian Accounting Standards 38 adjusted on the convergence date;

(iii)

gains or losses from investments in equity instruments designated at fair value through other comprehensive income as per the Indian Accounting Standards 109 adjusted on the convergence date;

(iv)

adjustments relating to items of property, plant and equipment and intangible assets recorded at fair value as deemed cost as per paragraphs D5 and D7 of the Indian Accounting Standards 101 on the convergence date;

(v)

adjustments relating to investments in subsidiaries, ventures and associates recorded at fair value as deemed cost as paragraph D15 of the Indian Accounting Standards 101 on convergence date; and (vi) adjustments relating to cumulative translation differences foreign operation as per paragraph D13 of the Indian Accounting Standards 101 on the convergence date.

(g)

“Tribunal” shall have the same meaning as assigned to section 2section 2(90) of the Companies Act, 2013;

(h)

“Unit” means a unit established in an International Financial Centre;

(i)

“year of convergence” means the tax year within which convergence date falls; and (j) a company shall be a subsidiary of another company, if such company holds more than half in the nominal value of equity share capital the company.