Investment Incentives Order, 2001 · As enacted · Part II
9. [1)
Official textFrom Attorney General's Chambers, unchanged
During its tax relief period1 a pioneer enterprise shall not carry on any trade or business other than the trade or business relating to the relevant pioneer product 1 unless the Minister has given his permission in writing therefor.
Where the carrying on of a separate trade or business has been permitted under subsection (1), separate accounts shall be maintained in respect of that trade or business and in respect of the same accounting period.
Where the carrying on of such separate trade results in a loss in any accounting period, the loss shall be brought into the computation of the income of the pioneer enterprise for that period unless the Collector, having regard to all the circumstances of the case, is satisfied that the loss was not incurred for the purpose of obtaining a tax advantage.
pioneer enterprise
"pioneer enterprise" means any company which has been approved by the Minister and to which a pioneer certificate has been issued under section 5;
Where the carrying on of such separate t.r.ade results in a profit in any accounting period, and the profit/ computed in accordance with the provisions of the Income Tax Act as modified by this section, amounts to less than 5% on the full sum receivable from the sale of goods or the provision of services, the statutory income from that source shall be deemed to be 5% (or such lower rate as the
Minister may specify in any particular case) of the full sum so receivable and the income of the pioneer enterprise shall be abated accordingly.
Minister
"Minister" means the Minister charged with the responsibility for industrial development;
Where in the opinion of the Collector the carrying on of such separate trade is subordinate and incidental to the carrying on of the trade or business relating to the relevant pioneer product, the income or loss arising from such activities shall be deemed to form part of the income or loss of the pioneer enterprise.
Collector
"Collector" means the Collector of Income Tax appointed under the Income Tax Act;
In this section, "relevant pioneer product" means the pioneer product specified in its pioneer certificate.
pioneer product
"pioneer product" means a product declared under section 4 to be a pioneer product;
Power to give directions.
Terms defined in s 3
Collector
Defined · s 3"Collector" means the Collector of Income Tax appointed under the Income Tax Act;
Minister
Defined · s 3"Minister" means the Minister charged with the responsibility for industrial development;
pioneer certificate
Defined · s 3"pioneer certificate" means a pioneer certificate issued under section 5;
pioneer enterprise
Defined · s 3"pioneer enterprise" means any company which has been approved by the Minister and to which a pioneer certificate has been issued under section 5;
pioneer product
Defined · s 3"pioneer product" means a product declared under section 4 to be a pioneer product;
Part III
Part IV
Part VI
Part VII
Part VIII
Part IX
International Trade Incentives
Part X
Foreign Loans for Productive Equipment
Part XI
Investment Allowances
Part XII
Part XIII