80JJAA Deduction of employment of new workmen as per section 80JJAA, chapter via of Income Tax Act

The assessee who gave employment to new workmen is eligible to get deduction under this section.

Provisions in the Income Tax Act related to Section 80JJAA

80JJAA (1) Where the gross total income of an assessee, being an Indian company, includes any profits and gains derived from any industrial undertaking engaged in the manufacture or production of article or thing, there shall, subject to the conditions specified in sub-section (2), be allowed a deduction of an amount equal to thirty per cent of additional wages paid to the new regular workmen employed by the assessee in the previous year for three assessment years including the assessment year relevant to the previous year in which such employment is provided.

The following sub-section (1) shall be substituted for the existing sub-section (1) of section 80JJAA by the Finance Act, 2013, w.e.f. 1-4-2014 :

(1) Where the gross total income of an assessee, being an Indian company, includes any profits and gains derived from the manufacture of goods in a factory, there shall, subject to the conditions specified in sub-section (2), be allowed a deduction of an amount equal to thirty per cent of additional wages paid to the new regular workmen employed by the assessee in such factory, in the previous year, for three assessment years including the assessment year relevant to the previous year in which such employment is provided.

(2) No deduction under sub-section (1) shall be allowed-

(a) if the industrial undertaking is formed by splitting up or reconstruction of an existing undertaking or amalgamation with another industrial undertaking;

The following clause (a) shall be substituted for the existing clause (a) of sub-section (2) of section 80JJAA by the Finance Act, 2013, w.e.f. 1-4-2014 :

(a) if the factory is hived off or transferred from another existing entity or acquired by the assessee company as a result of amalgamation with another company;

(b) unless the assessee furnishes along with the return of income the report of the accountant, as defined in the Explanation below sub-section (2) of section 288 giving such particulars in the report as may be prescribed.

Explanation.-For the purposes of this section, the expressions,-
(i) "additional wages" means the wages paid to the new regular workmen in excess of one hundred workmen employed during the previous year :

Provided that in the case of an existing 56a[undertaking], the additional wages shall be nil if the increase in the number of regular workmen employed during the year is less than ten per cent of existing number of workmen employed in such 56a[undertaking] as on the last day of the preceding year;
(ii) "regular workman", does not include-
(a) a casual workman; or
(b) a workman employed through contract labour; or
(c) any other workman employed for a period of less than three hundred days during the previous year;
(iii) "workman" shall have the meaning assigned to it in clause (s) of section 257 of the Industrial Disputes Act, 1947 (14 of 1947).]
The following clause (iv) shall be inserted after clause (iii) in the Explanation to section 80JJAA by the Finance Act, 2013, w.e.f. 1-4-2014 :
(iv) "factory" shall have the same meaning as assigned to it in clause (m)57a of section 2 of the Factories Act, 1948 (63 of 1948).