Section 145 — Deduction for businesses engaged in collecting and processing of bio-degradable waste. Successor to s.80JJA of the 1961 Act.
Section 145 is in Chapter VIII — Deductions to Be Made in Computing Total Income, which runs from section 122 to section 154.
The section gives a deduction where the gross total income of an assessee includes profits and gains derived from the business of collecting and processing or treating bio-degradable waste for any of four purposes: generating power; producing bio-fertilizers, bio-pesticides or other biological agents; producing bio-gas; or making pellets or briquettes for fuel or organic manure. The deduction is equal to the whole amount of such profits and gains, for five consecutive tax years beginning with the tax year in which the business commences.
It is a targeted incentive: the four listed end uses turn waste into power, fuel, fertiliser or biological agents, and a full deduction removes tax from the early years of such a business. The five-year window running from commencement makes the relief one for establishing the activity rather than for carrying it on indefinitely.
| What | Figure | The condition on it | Where |
|---|---|---|---|
| Quantum of deduction | The whole amount of such profits and gains | Profits derived from collecting and processing or treating bio-degradable waste for generating power, producing bio-fertilizers, bio-pesticides or other biological agents, producing bio-gas, or making pellets or briquettes for fuel or organic manure | Section 145, closing words |
| Period of the deduction | Five consecutive tax years | Beginning with the tax year in which such business commences | Section 145, closing words |
The five years are consecutive and run from commencement, not from the first profitable year, so a loss-making start still consumes years of the window. The deduction reaches only profits derived from the listed activity, and the end use must be one of the four in clauses (a) to (d).
A company commences a business of collecting municipal bio-degradable waste and processing it into bio-gas. It makes a loss in its first tax year and profits of Rs. 80 lakh in the second. The whole Rs. 80 lakh is deductible, but the loss-making first year is one of the five, and the deduction ends after the fifth year from commencement.
You meet this section as a claim in the deductions schedule of the return, and in an assessment where the Officer tests whether the profits are derived from one of the four listed end uses and which year the business commenced in.
there shall be allowed a deduction equal to the whole amount of such profits and gains for five consecutive tax years, beginning with the tax year in which such business commences
See the full 1961 to 2025 concordance.
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