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Direct Tax Code / Income Tax

SEZ, Developer & Housing Project Deductions — Sections 138–144 Audit Report (Form 32) Guide

A comprehensive guide to deductions under Sections 138-144 of the Direct Tax Code covering SEZ developers, housing projects, and industrial undertakings, with detailed Form 32 audit requirements.

25 Jul 20265 min read

Sections 138 to 144 of the Income Tax Act, 2025 provide deductions for businesses engaged in infrastructure development, Special Economic Zones, industrial undertakings, and housing projects. These provisions correspond to the earlier Sections 80-IA, 80-IAB, 80-IB, 80-IBA, and 10AA of the Income Tax Act, 1961. Understanding the audit report requirements under Form 32 is essential for businesses claiming these deductions.

Overview of the Deductions

Section 138: Infrastructure Development

Section 138 provides deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development. This corresponds to the earlier Section 80-IA of the Income Tax Act, 1961.

Section 139: Special Economic Zone Development

Section 139 provides deductions in respect of profits and gains by an undertaking or enterprise engaged in development of Special Economic Zone. This corresponds to the earlier Section 80-IAB.

Section 140: Eligible Start-ups

Section 140 provides special provisions in respect of specified business for eligible start-ups, allowing 100% deduction of profits and gains for three consecutive tax years out of ten years beginning from the year of incorporation.

Section 141: Industrial Undertakings

Section 141 provides deductions in respect of profits and gains from certain industrial undertakings. This corresponds to the earlier Section 80-IB.

Section 142: Housing Projects

Section 142 provides deductions in respect of profits and gains from housing projects. This corresponds to the earlier Section 80-IBA.

Section 143: North-Eastern States

Section 143 provides special provisions in respect of certain undertakings in North-Eastern States, allowing 100% deduction of profits and gains for ten consecutive tax years.

Section 144: Special Economic Zone Units

Section 144 provides special provisions in respect of newly established Units in Special Economic Zones. This corresponds to the earlier Section 10AA.

Form 32: Audit Report Requirements

Rule 66 of the Income Tax Rules, 2026 requires the accounts of the eligible business for the tax year for which the deduction is claimed to be audited by an accountant before the specified date referred to in section 63.

General Requirements

Separate Audit Report: A separate report shall be furnished by each undertaking or enterprise of the assessee claiming deduction.

Accompanying Documents: The report shall be accompanied by the profit and loss account and balance sheet of the undertaking or enterprise as if the undertaking or the enterprise were a distinct entity.

Due Date: The audit report must be furnished before the specified date referred to in section 63.

Section-Specific Requirements

SectionRelevant Part of Form 32Documents to be Attached
Section 138 (Infrastructure)Part B2Copy of Form No. 10CCB of the Income-tax Rules, 1962
Section 139 (SEZ Developer)Part B3Copy of the notification of the Special Economic Zone (SEZ)
Section 140 (Eligible Start-up)Part B4Copy of certificate issued by the Inter-Ministerial Board of Certification
Section 141 (Industrial Undertakings)Part B5Copy of approval certificate and completion certificate of the Housing Project, Copy of the notification of the scheme by the Board
Section 142 (Housing Projects)Part B6Copy of approval certificate and completion certificate of the Housing Project; Copy of notification issued under Section 80-IBA of the Income-tax Act, 1961 in the case of a Rental Housing Project
Section 143 (North-Eastern States)Part B7Copy of the agreement entered into with the Central Government, State Government or a local authority
Section 144 (SEZ Units)Part B8Copy of approval certificate and completion certificate

Key Compliance Requirements

Separate Books of Account

Each undertaking or enterprise claiming deduction must maintain separate books of account. The profit and loss account and balance sheet must be prepared as if the undertaking were a distinct entity.

Timely Filing

The audit report must be furnished by the specified date referred to in section 63. Failure to furnish the audit report on time may result in disallowance of the deduction.

No Double Deduction

If any amount of profits and gains of an undertaking or enterprise is claimed and allowed as a deduction under any of these sections, deduction to the extent of such profits and gains shall not be allowed under any other provision of the Act.

Transition from the 1961 Act

The deductions under Sections 138 to 144 are available for such tax years as would have been allowed under the corresponding provisions of the Income-tax Act, 1961, as if the said Act had not been repealed. This ensures continuity of deductions for businesses that were already eligible under the old regime.

Expert Legal Guidance

Understanding the audit report requirements for deductions under Sections 138 to 144 is essential for businesses claiming these deductions. Anuj Desai & Associates provides expert advisory services on Direct Tax Code compliance, helping businesses prepare Form 32 audit reports and ensure compliance with all conditions.


Compliance GuideSEZ developer deductionhousing project deductionSection 138 deductionSection 139 deductionSection 140 deductionSection 141 deductionSection 142 deductionSection 143 deductionSection 144 deductionForm 32 audit reportSEZ deduction audit reporthousing project deduction audit reportSection 80-IA deductionSection 80-IAB deductionSection 80-IB deductionSection 80-IBA deductionSection 10AA deductionSection 144 deduction auditSection 138 audit reportSection 139 audit reportSection 140 audit reportSection 141 audit reportSection 142 audit reportSection 143 audit reportSection 144 audit reportForm 32 audit report requirementsspecified business deduction auditSEZ developer Form 32housing project Form 32infrastructure development deductionindustrial undertaking deductionSpecial Economic Zone deductionSection 80-IA 80-IAB 80-IB 80-IBA 10AA deduction
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