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Income-tax Act, 2025 | Section 139

Section 139 - Deductions in respect of profits and gains by an undertaking or enterprise engaged in development of Special Economic Zone

This preserves remaining old section 80-IAB eligibility for a qualifying SEZ developer. The old-law amount and residual period govern.

Reviewed by CA Nikhil Gupta · Updated 9 October 2026

Section 139: operativeEffective 1 April 2026Tax Year 2026-27 onwardLegally reviewed 8 October 2026

Current-law control

This page uses the consolidated Income-tax Act, 2025 as amended by the Finance Act, 2026. The Act and Income-tax Rules, 2026 operate from 1 April 2026. Earlier years and saved proceedings remain subject to the repeal-and-savings framework.

Primary statute: Income Tax Department consolidated Act   |   Rules: Notified Income-tax Rules, 2026

2-minute decode

This preserves remaining old section 80-IAB eligibility for a qualifying SEZ developer. The old-law amount and residual period govern.

Who should use this section

Eligible undertakings, enterprises or units claiming a profit-linked or transition deduction, generally subject to historical eligibility and audit conditions This applicability note is specific to section 139.

Old-law bridge

1961 Act section 80-IAB

The bridge is navigational only. A 1961 Act case or rule is carried forward only after checking wording, transition provisions and the current 2025 Act text.

Professional alert

Exception / professional alert Verify developer status, notification, old claim history and residual period. Rule 66/Form 32 applies.

Connected Income-tax Rules, 2026 and Forms

RuleCurrent controlForm
Rule 66Audit report for profit-linked deductionsForm 32

Worked application

An SEZ developer still eligible under old section 80-IAB claims the remaining deduction under section 139 after satisfying the preserved conditions and audit report requirement.

Evidence / compliance checklist

  • Maintain the original eligibility file for section 139, including commencement/approval history and the remaining deduction period.
  • Keep unit-wise books and a computation linking eligible profits to the qualifying undertaking or activity (section 139: Deductions in respect of profits and gains by an undertaking or enterprise engaged in development of Special Economic Zone).
  • Where Rule 66 applies, obtain Form 32 and reconcile the accountant-certified figures to the return before the due date (section 139: Deductions in respect of profits and gains by an undertaking or enterprise engaged in development of Special Economic Zone).
  • Preserve evidence that reconstruction, transfer, location, approval and other formation conditions continue to be satisfied (section 139: Deductions in respect of profits and gains by an undertaking or enterprise engaged in development of Special Economic Zone).

Common mistake

Treating section 139 as a fresh 2026 tax holiday. For section 139, the preserved or transitional old-law eligibility must be checked specifically; the deduction clock does not restart merely because the 2025 Act is now in force.

Recommended approach

For section 139, fix the governing tax year, identify the operative sub-section for “Deductions in respect of profits and gains by an undertaking or enterprise engaged in development of Special Economic Zone”, trace every amount to evidence, apply only verified Rule/Form links, and retain a computation that another reviewer can reproduce from the primary source.

Thresholds, periods and timing checkpoints

Judicial / interpretive bridge

No section-specific Supreme Court bridge is included for section 139 unless text-equivalence with the 2025 Act has been checked. Legacy cases should not be transplanted into section 139 merely because the subject is similar.

Related provisions

Current statutory text

139. In respect of any tax year, where— (a) the gross total income of an assessee, being a Developer, includes any profits and gains derived by an undertaking or an enterprise from any business of developing a Special Economic Zone, notified on or after the 1st April, 2005 under the Special Economic Zones Act, 2005 (28 of 2005) referred to in section 80-IAB of the Income-tax Act, 1961 (43 of 1961); and (b) such assessee is eligible to claim a deduction from the profits and gains derived from such business for such tax year under the provisions of the said section, as if the said Act had not been repealed, there shall be allowed, in computing the total income of the assessee, a deduction from the profits and gains derived from such business, subject to the conditions that— (i) the amount of deduction is calculated as per the provisions of section 80-IAB of the Income-tax Act, 1961 (43 of 1961); and (ii) the deduction under this Act shall be allowed only for such tax years, as would have been allowed under section 80-IAB of the Income-tax Act, 1961 (43 of 1961), as if the said Act had not been repealed.

Primary-source trail

FAQs

What does section 139 of the Income-tax Act, 2025 cover?

Section 139 covers deductions in respect of profits and gains by an undertaking or enterprise engaged in development of special economic zone. The operative result depends on the exact statutory conditions shown on this page and applies from 1 April 2026, subject to transition/savings provisions.

Who should check section 139?

Eligible undertakings, enterprises or units claiming a profit-linked or transition deduction, generally subject to historical eligibility and audit conditions This applicability note is specific to section 139.

Are there specific Rules or Forms for section 139?

Rule 66 - Audit report for profit-linked deductions / Form 32

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