Section 80JJAA Tax Benefits.. Must avail, in New Regime also

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Section 80JJAA Tax Benefits.. Must avail, in New Regime also

Section 80JJAA of the Income-tax Act is a powerful incentive

Section 80JJAA of the Income-tax Act is a powerful incentive that rewards businesses for creating stable, formal jobs, especially in the manufacturing sector, by giving them an extra deduction over and above the normal salary expense. From the ethos explained in Sangeet Gupta’s video, the spirit is simple: if you genuinely add new workers on your rolls, pay them properly, and keep them for a reasonable period, the law shares your burden by giving you a bonus deduction.

https://www.youtube.com/watch?v=iaplCI_L9Pk&t=111s

Core idea and spirit

Section 80JJAA allows an eligible business to claim an additional deduction of 30% of the “additional employee cost” (essentially wages of new qualifying employees) for three consecutive years, starting from the year in which the employment is created. In ethos terms, the section is not about clever tax planning; it is a policy tool to push industry owners to move from informal, temporary, or cash-based labour to formal employment with PF, records, and continuity.

The focus is on real job creation, not paper reshuffling of staff or shifting people from one group company to another merely to claim the deduction. The law therefore builds in several conditions to ensure that only genuine, incremental employment gets rewarded, which is very much the emphasis in the this video explanation as well.

Who can claim and for which business

The deduction is available where the assessee’s business is subject to tax audit under section 44AB, i.e., typically larger or more organised businesses whose gross receipts cross the audit thresholds. The benefit is designed primarily for businesses engaged in manufacture or production, and current guidance clearly excludes routine service-sector outfits from claiming 80JJAA.

The business should not be formed by splitting up or reconstruction of an existing business, and it should not be simply acquired from someone else, because that does not create new jobs in the economy; it merely changes the owner. In the ethos shared in the Sangeet Gupta content, this is repeatedly underlined: 80JJAA is for entrepreneurs who are actually expanding capacity, putting in more machines, and taking more workers on their own rolls, not for cosmetic restructuring

Conditions for employees to qualify

For a worker to be counted as an “additional employee”, several conditions must be met to reflect seriousness and continuity of employment. The employee must be employed in the previous year for at least 240 days, with a relaxed threshold of 150 days for specified labour-intensive sectors such as footwear, apparel, and leather.

The monthly emoluments of the employee should be less than ₹25,000, so that the benefit focuses on blue-collar and lower-income staff, not senior management or highly paid specialists. The employee must be participating in a recognised provident fund, and the salaries must be paid through proper banking channels, which again pushes employers away from cash wages and unrecorded headcount.

Certain categories are explicitly excluded: casual workers, contract labour supplied by contractors, and employees for whom the entire EPF contribution is borne by the government. In practice, as often stressed in professional explanations, this means that if the factory has a large portion of contract labour, shifting them onto the company’s own payroll and meeting PF conditions can unlock sizable 80JJAA benefits, while still aligning with the pro-worker intent of the law.

Quantum of deduction and its impact

Once the business and the employees satisfy all criteria, the business can claim a deduction of 30% of the additional employee cost for three consecutive assessment years. When combined with the regular deduction of 100% of salary as a normal business expense, this can effectively give a total tax-deductible impact of up to about 190% over the three-year period for those wages.

The ethos here is that the government is not merely reimbursing cost; it is giving a “bonus” for job creation that continues for three years, matching the idea of sustained employment rather than short-term hiring spurts. For promoters and CFOs who think in terms of ROI, the message in Sangeet Gupta’s style is that once you run the numbers, 80JJAA can meaningfully reduce the effective cost of each new worker if you plan your headcount and compliance correctly.

Compliance, documentation and mindset

To actually enjoy this benefit, the law requires disciplined compliance: the return must be filed within the due date, and the claim must be supported by a report from an accountant in Form 10DA. Proper payroll records, PF challans, and employee-wise details must be maintained, because any weakness here can lead to denial of deduction on scrutiny.

From an ethos perspective, this pushes businesses to upgrade their systems: better HR records, cleaner salary structures, consistent banking payments, and ERP-backed payroll become not just “good practices” but gateways to tangible tax savings. This is very much in tune with the Finsys narrative that robust ERP and process discipline convert legal provisions like 80JJAA from theoretical benefits into real cash-flow savings on tax.

Strategic and ethical implications

Section 80JJAA embodies a partnership between the State and the entrepreneur where both sides share the load of creating formal employment. If the employer is willing to step out of the comfort zone of casual and contractual manpower and is ready to take responsibility for PF, compliance, and long-term engagement, the tax system responds with a continuous, formula-based reward.

From the ethos reflected in the Sangeet Gupta content, the moral is that 80JJAA should not be treated as a loophole but as a nudge:

  • To regularise long-serving workers.

  • To build loyalty and stability in the workforce.

  • To use technology (like ERP and structured payroll) so that what is good for workers and compliant with law also becomes financially attractive for the enterprise.

When explained in simple words, 80JJAA is a classic “win–win”: workers get proper jobs and social security, the government moves more people into the formal economy, and the employer gets an additional tax deduction that can be substantial over three years if planned thoughtfully.

  1. https://tax2win.in/guide/section-80-jjaa
  2. https://paytm.com/blog/income-tax/section-80jjaa-income-tax-deduction-new-employment-generation/
  3. https://www.youtube.com/watch?v=iaplCI_L9Pk
  4. https://incometaxindia.gov.in/Acts/Finance%20Acts/2016/102120000000058877.htm
  5. https://finsys.co.in/wp-content/uploads/2019/03/Income-Tax-Section-80JJAA-Problems-and-possible-Solutions-ver-4-Aug-2018.pdf
  6. https://www.jiraaf.com/blogs/taxation/what-is-section-80jjaa
  7. https://www.tataaig.com/health-insurance/section-80jjaa-of-income-tax-act
  8. https://taxguru.in/income-tax/section-80jjaa-deduction-respect-employees-recruited.html
  9. https://cleartax.in/s/section-80jja-income-tax-act
  10. https://incometaxindia.gov.in/_layouts/15/dit/pages/viewer.aspx?grp=act&cname=cmsid&cval=102120000000064488&searchfilter=
  11. https://incometaxindia.gov.in/Acts/Finance%20Acts/1998/102120000000009210.htm
  12. https://finsys.in/news
  13. https://incometaxindia.gov.in/communications/circular/circular-no-03-2025.pdf
  14. https://www.youtube.com/c/sangeetguptafinsyserpsoftware/videos
  15. https://mlgassociates.in/wp-admin/post.php?post=2758&action=edit
  16. https://www.bajajfinserv.in/investments/section-80jjaa-of-income-tax-act
  17. https://www.youtube.com/watch?v=uC1MgF9Dibo
  18. https://www.bajajfinserv.in/investments/section-80jja-of-income-tax-act
  19. https://www.taxmann.com/research/income-tax/top-story/105010000000024065/deductions-under-section-80jjaa-of-the-income-tax-act-1961-experts-opinion
  20. https://www.youtube.com/playlist?list=PLmbWfGYzaUnewo4ygM4xvkR9MZbWbDX5r
  21. https://www.linkedin.com/pulse/section-80jjaa-detailed-understanding-examples-case-study-anil-diwan-kswdc

Partnership vs LLP , what to choose , why ? compare ?

Partnership vs LLP , what to choose , why ? compare ?

LLP Disadvantages

LLPs face higher compliance needs, including annual MCA filings like Form 8 and Form 11, plus audits above certain thresholds.

so if within family
Partnership firm is easy, and good

if with outsiders
then LLP is better

Second Factor

for small scale business : Partnership firm is sufficient
for medium/large scale.. LLP is better

Comparison Chart

Aspect LLP Advantages Partnership Advantages
Liability Limited to contribution; personal assets safe None—unlimited liability risks personal assets
Legal Status Separate entity with perpetual succession No separate entity; simpler but unstable
Management Flexible roles via agreement Quick decisions by mutual consent  + Flexible
Formation/Cost Moderate setup and filings Very easy
Lowest cost, minimal formalities
Closure Difficult Very easy
Lowest cost, minimal formalities


LLPs offer limited liability protection, while partnership firms expose partners to unlimited personal liability. Key differences in advantages and disadvantages stem from legal structure, compliance, and operational flexibility under Indian law.

 

Cost to “shut down” or close is considerable in LLP

EFFORT to close is considerable in LLP

So, if you are 100% serious and business has reached 5 crores p.a., then make a LLP

if business is yet to start… then no immediate need of LLP… start with Partnership Firm first.. that is our professional advise to MSME’s

 

ROC fees for delay in filing

Starts on per day basis

again… make LLP , only if you are serious about it

Avoid GST Credit Note — Make Commercial Credit Note – Advisory

Advisory : When to Avoid “GST Credit Note” mechanism ?

and when to make “Commercial Credit Note”

Why businesses should prefer commercial credit notes over GST credit notes after the Sept 2025 GST circular

 

In the post‑sale discount era under GST, one of the most sensitive decisions for businesses is whether to issue a commercial (financial) credit note or a GST credit note under Section 34 of the CGST Act.
The Central Board of Indirect Taxes and Customs (CBIC), through Circular No. 251/08/2025‑GST dated 12 September 2025, has clarified several long‑standing doubts around post‑sale discounts and credit notes.

But these clarifications, lead to a lot of “LEARNING and UNLEARNING”… new law, new situation.. and …..

Big potential Risk . for all those who continue to make CN as they were trained from 2017 to 2025.

This clarification has a direct impact on how suppliers and recipients should structure their documentation.

Put simply, where businesses want to pass on discounts without disturbing the tax paid to the government and without triggering Input Tax Credit (ITC) reversals at the buyer’s end, commercial/financial credit notes are often the safer and more practical tool than GST credit notes. This article explains the background, the key clarifications in the circular, and why businesses should consciously move towards using commercial credit notes “as much as possible” and reserve GST credit notes only for clearly eligible cases.

Background: post‑sale discounts and confusion under GST

Post‑sale or secondary discounts are discounts given after the original tax invoice has been issued, such as year‑end scheme discounts, volume rebates, and rate protection adjustments. Under the basic GST law, Section 15(3)(b) and Section 34 created confusion about whether such discounts must always be linked to the original invoice and whether GST must be adjusted via a credit note, with corresponding ITC reversal by the buyer.

As a result, industry followed two very different practices. Some suppliers issued GST credit notes with GST component, reduced their output tax, and insisted that buyers reverse ITC; others issued pure commercial or financial credit notes without GST, leaving the original tax invoice and ITC intact.

Different departmental interpretations and audit objections added to the uncertainty, particularly around whether recipients had to reverse ITC when they received post‑sale discounts without GST adjustments.

Key clarifications in Circular No. 251/08/2025‑GST

Circular No. 251/08/2025‑GST, issued on 12 September 2025, addresses several of these disputes. Among the important points highlighted in various professional analyses are:

  • If the supplier issues a financial/commercial credit note without reducing the taxable value or GST on the original supply, the buyer is not required to reverse the ITC merely because of that post‑sale discount.

  • The government’s revenue is not impacted where the supplier does not claim any reduction of output tax, so ITC with the recipient can legitimately remain undisturbed.

Commentaries on this circular from GST‑focused portals emphasize that, till the proposed amendments to Section 15(3)(b) and Section 34 are implemented, financial credit notes remain the preferred instrument for discounts that were not pre‑agreed in the original contract.

Proposed changes discussed in the 56th GST Council meeting aim to formally allow post‑sale discounts via Section 34 credit notes where corresponding ITC is reversed, but until that is law, the circular’s guidance is the operative standard.

Commercial vs GST credit notes: practical differences

For day‑to‑day business decisions, the distinction is more than just terminology. A commercial credit note is essentially a financial adjustment between parties, while a GST credit note under Section 34 is both a commercial and a tax adjustment tool.

Key practical aspects drawn from professional commentary include:

  • A commercial credit note does not alter the taxable value or GST reported in GSTR‑1 or GSTR‑3B; the original invoice remains untouched in GST returns.

  • A GST credit note reduces the taxable value and GST liability for the supplier (subject to conditions), but obliges the recipient to reverse proportionate ITC to maintain symmetry.

This means that a GST credit note is “costly” for the buyer in terms of ITC, and can trigger reconciliation issues, disputes, and audit queries if not handled precisely as per law. In contrast, commercial credit notes, when used correctly, allow both parties to settle commercial claims without disturbing GST already discharged and ITC already availed.

Why businesses should prefer commercial credit notes ? in which situations ?

Given the clarifications in the September 2025 circular and the general direction of GST administration, there are several strong reasons for businesses to lean towards commercial credit notes wherever legally permissible.

First, they preserve ITC at the recipient’s end in genuine post‑sale discount situations where the supplier does not seek reduction of output tax. This keeps dealers and distributors financially neutral on GST, making discount schemes more attractive and less contentious.

Second, they reduce the risk of future disputes around ITC reversal, mismatches in GSTR‑2B and GSTR‑3B, and retrospective demands arising out of departmental audits.

Third, commercial credit notes are operationally simpler for both accounting and compliance teams. There is no need for complex invoice‑wise ITC reversal by customers, and no need for suppliers to track lower taxable value and GST for each scheme‑related credit note in returns.

This is particularly relevant for FMCG, automotive, pharma, and other sectors where high‑volume distributor schemes are routine.

When GST credit notes should still be used … NOTE… SHOULD BE USED if…

 

The message is not that GST credit notes should never be used, but that they should be used carefully and only when the legal conditions are clearly satisfied.

Where discounts are pre‑agreed in the contract or invoice, and conditions of Section 15(3)(b) are fulfilled, the supplier may wish to reduce taxable value and GST via a Section 34 credit note, in which case proportionate ITC reversal by the recipient is expected.

Professional summaries of the circular point out that the law is evolving and that the proposed amendments, once effective, will give a clearer statutory base for post‑sale discount credit notes with ITC reversal. Until then, for discounts not pre‑agreed or where ITC neutrality for the buyer is commercially important, financial or commercial credit notes remain the more conservative route.

CAPA, corrective action preventive action

Action points for businesses

In light of the September 2025 circular and ongoing reforms, businesses should re‑examine their credit note policies. Some practical steps suggested by expert commentaries are:

  • Classify all discount schemes into pre‑agreed and post‑sale/conditional, and frame rules on when to use commercial versus GST credit notes.

  • Update ERP and accounting workflows to default to commercial/financial credit notes for most post‑sale discounts where supplier does not seek GST reduction.

  • Train sales, accounts, and tax teams on the distinction and on the ITC implications for trading partners.

By consciously preferring commercial credit notes and limiting GST credit notes to clear, legally supported situations, businesses can protect ITC, reduce litigation risk, and align with the spirit of the September 2025 clarifications.


Many of our clients are using Finsys

Simple user friendly summary as under

1. Is the other party at risk with Commercial Credit Notes?

Short answer: risk is low if three conditions are respected:

  • Discount is a pure price adjustment (no hidden “service” obligation in return).

  • Supplier does not reduce taxable value or GST in returns (no GST credit note, only commercial note).

  • Agreements, schemes and working are properly documented to show it is just a discount and not consideration for services.

If these are satisfied, the department cannot demand “GST on the commercial credit note”, because GST has already been fully paid on the original tax invoice at full value, and there is no new supply.

2. As a table – WHEN Commercial vs WHEN GST Credit Note appicable… and where full GST Invoice of the Dealer is best suited.

 

Case / Situation What to issue? Logic / Risk comfort (simple language)
1. Year‑end / volume rebate decided after the year, not mentioned in original PO/invoice Commercial Credit Note Pure commercial discount; original GST invoice and ITC remain as is; no GST shown on this note.
2. Rate protection / price drop after billing, adjusting old stock value, not pre‑agreed Commercial Credit Note Again, only price adjustment; no GST reduction claimed; buyer ITC not disturbed.
3. Manufacturer gives scheme discount so dealer can sell to end customer at lower price (no specific service obligations on dealer) Commercial Credit Note Circular specifically covers this; treated as post‑sale discount, not a service; no GST on credit note.
4. Dealer does general promotional activity on his own (extra display, pushing sales etc.) for his own stock, no written contract to provide services to manufacturer Commercial Credit Note (if discount is given) Considered normal trade discount; not treated as “marketing service” to manufacturer, so no separate GST.
5. Discount was pre‑agreed in contract / invoice, and is linked to particular invoice (conditions of Section 15(3)(b) are clearly met) GST Credit Note Section 34 credit note allowed; supplier reduces taxable value and GST; buyer must reverse proportional ITC.
6. Supplier wants to reduce his GST liability on original supply and is ready that buyer will do proportionate ITC reversal GST Credit Note Only this route changes tax; must ensure all legal conditions are satisfied and buyer actually reverses ITC.
7. Discount is actually consideration for clearly defined services by dealer (e.g. contract says “dealer will do XYZ promotion and get ₹X per month”) Dealer’s Tax Invoice (plus optionally a Commercial Credit Note for any pure discount portion) Here it is a service; safer for dealer to charge GST by his own invoice with IRN instead of only adjusting by discount.
8. Post‑sale discount given to dealer but in substance it is for sharing advertisement cost, clearly specified as such Dealer’s Tax Invoice (manufacturer books as marketing expense) To avoid argument that discount hides service consideration, better to raise proper GST invoice for service portion.

For day‑to‑day working, your thumb rule can be:

  • If it is only price and no additional obligation = Commercial credit note.

  • If you want to change GST on original invoice = GST credit note (with ITC reversal).

  • If dealer is doing a distinct service or supply to manufacturer = Dealer’s own tax invoice with IRN.


3. Five examples where dealer must raise his own GST invoice with IRN

These are the “dealer service / supply” cases you asked for – very useful for OEM–dealer networks and Finsys ERP configuration.

Example 1 – Warranty repair service billed to manufacturer

  • Dealer repairs the machine at customer site under OEM warranty.

  • Customer is not billed anything. Dealer raises a claim on manufacturer (labour charges, visit charges).

  • Here, dealer is providing a service to the manufacturer.

  • Action: Dealer must raise GST tax invoice with IRN on manufacturer for the service value; manufacturer can take ITC.

Example 2 – Warranty parts supplied from dealer’s own stock

  • Dealer uses his own inventory (or buys from market) to replace a defective part under OEM warranty.

  • Dealer then recovers the part value from manufacturer.

  • This is a supply of goods from dealer to manufacturer (not a discount).

  • Action: Dealer issues GST invoice with IRN to manufacturer for parts value; manufacturer takes ITC.

Example 3 – Structured promotional / marketing services

  • Written agreement: dealer will conduct roadshows / demos / hoardings / social media campaigns for OEM against fixed or scheme-based consideration.

  • This is a contracted marketing service.

  • Action: Dealer must raise GST invoice with IRN to manufacturer for service charges; OEM books it as marketing expense with ITC.

Example 4 – Extended warranty sold by dealer

  • Dealer sells extended warranty package (beyond standard warranty) to customer for a separate charge (either his own plan or OEM-backed).

  • This is a separate supply of service to customer.

  • Action: Dealer issues GST tax invoice with IRN to customer for extended warranty amount.

Example 5 – Service fee collected from customer during warranty

  • Product under standard warranty, but dealer charges customer a “site visit / handling / inspection / fast service” fee of, say, ₹2,000.

  • Even though repair is under warranty, this extra fee is a taxable service to customer.

  • Action: Dealer raises GST invoice with IRN on customer for ₹2,000 plus GST.


4. How to explain to GST officer – “Why no GST on Commercial Credit Note?”

Points you can standardise in your SOP / internal note:

  • Full GST was charged and paid on original tax invoice at original price.

  • Commercial credit note does not change taxable value or GST in returns.

  • There is no separate supply; it is only a post‑sale price reduction, allowed commercially.

  • Buyer continues with full ITC, as there is no reduction of tax at supplier side.

  • Supporting documents: scheme circulars, agreements, board/management approvals, working sheets.

Some links to other websites on this news and discussion topic

more details on associate website : www.finsys.co.in 

 

Auditor Faridabad Gurgaon CA required

Auditor Faridabad Gurgaon CA

MLG Associates, Chartered Accountants

MLG Associates is a Mid Size CA Firm in New Delhi , Noida, Faridabad and Gurgaon

We are a team comprising of Multiple Chartered Accountants, and Multiple Company Secretaries, and about 60+ other members, all working from a Single Corporate Office at Crown Plaza Mall, Sector 15A, Main Mathura Road, Faridabad, Haryana ( NCR Delhi)..

We are just 7 km from Delhi border, 22 km from Nehru Place, and 37 km from DLF Cybercity, Gurgaon and 30 minutes from Noida

Our biggest area of interest is our Accounting BPO. ………People say, that, we might be one of the top 10 Accounting and Taxation KPO – BPO of Faridabad,

 

Here the MLG BPO alone, serves accounting needs of about 12 midsize  Corporate Customers

The  Total Aggregate Turnover of these 12 groups is about Rs 1,311 Crores per annum ( Financial year 24-25). Expected about 1600 Crores for 25-26.

Our team of 60 includes about 11 Qualified Chartered Accountants members of ICAI.

And we at MLG Team handle their every Accounting Dept work, from Data entry, to Bank Reconciliation, to GST returns, to TDS payments, to Balance Sheet Finalisation, to submission of all details to the External Auditors and replying to Letters and Notices from Tax Authorities, when required.
In some cases, we even process the Supplier Payments including Cheques / NEFT / RTGS Preparation,
Our Firm is based in Faridabad, NCR-New Delhi. We serve our patrons with consultancy in matters relating to Income Tax, Statutory Audit, Internal Audit, Company Law Matters, FEMA advice, RBI Matters, GST Matters, Corporate Accounting BPO, and the like.

MLG Associates, C.A. we believe in working together towards a common vision to attain uncommon results. Our belief in entrepreneurial spirit nurturing independent thinking directs individual accomplishments towards organizational objectives.
This helps us in providing a full range of services and resources to the industry with utmost client satisfaction. In short, MLG Associates is a CA Firm, and giving its Consultancy Services at Faridabad, New Delhi, Gurgaon, Noida, Sonepat, Bhiwadi, Bahalgarh, Bahadurgarh, Vapi (Gujarat), Pune( Maharasthtra), Kanchipuram ( Chennai, Tamil Nadu ) and Dharuhera ( Rajasthan).

Recent Additions with clients based in Coimbatore, ( Tamil Nadu ), Bawal ( Haryana -South ), Manesar ( Haryana ), Valsad ( Gujarat )


We serve our patrons with consultancy in matters relating to Taxation, Income Tax, Audit, Company Law Matters and the like. So, you can contact us for Income Tax returns, PAN, E-filing, Electronic Returns, Delhi Municipal Taxes E-filing
MLG Associates, Chartered Accountants provide services like
Income Tax Consultancy
GST Replies , Returns and consultancy
Handling Income Tax Scrutiny cases
Internal Audit
Statutory Audit
Filing Returns (Individual, company etc)
ROC matters : Company Formation and Returns etc
Handling Accounting Outsourcing, with complete package of Solutions
CA Firm in Faridabad, Internal Audits, GST consultant, Accounting outsourcing, Statutory Audits, CA Articleship, Chartered Accountant.

analysis.
check.
examination.
investigation.
review.
scrutiny.
survey.
verification.

Contact us

www.mlgassociates.org

www.mlgassociates.in

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Providing A Comprehensive Range Of Financial Services.

  • INTEGRITYUpholding the highest level of professional standards and reputation for integrity, we platform a culture of transparency and responsibility…READ MORE
  • PASSION FOR EXCELLENCEUtmost expertise and excellence of the services we offer is part of our corporate DNA. We strive to succeed by exceeding client expectations…READ MORE
  • COLLABORATIVE GROWTH We believe in continuous development and collaborative growth. Capitalizing from our cultural and ideological diversity, we at MLG ASSOCIATES…READ MORE

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