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Section 35D

Latest Articles


Why amortizing preliminary expenses over 5 years is unjust for businesses?

Income Tax : Explore why amortizing preliminary expenses over 5 years is unjust for businesses. Urgent appeal to lawmakers for immediate tax re...

August 16, 2023 1410 Views 0 comment Print

Section 35 – Preliminary expenses – Removal of condition of activity

Income Tax : Income Tax Section 35D amended to remove condition of activity in connection with preliminary expenses of a concern approved by CB...

February 3, 2023 3222 Views 0 comment Print

Applicability of provisions of section 35AD of Income Tax Act, 1961

Income Tax : Section 35AD provides for investment -linked tax incentive for Specified Business. One such specified business of laying and opera...

January 14, 2022 54045 Views 0 comment Print

Allowability of MCA / ROC Fee for Increase in Capital

Income Tax : Section 37(1) of the Income Tax  provides for a general deduction for all expenditure laid out wholly and exclusively for the pur...

June 7, 2021 44655 Views 1 comment Print

Section 35D Amortization of preliminary expenditure

Income Tax : Article explains Category of the person eligible for claiming deduction under section 35D, The extent of deduction allowable under...

January 25, 2021 25440 Views 0 comment Print


Latest Judiciary


Surplus on redemption of treasury bills taxable under Capital Gains: ITAT Mumbai

Income Tax : ITAT Mumbai held that surplus on redemption of treasury bills is taxable under the head Capital Gains and not under the head ‘Pr...

January 23, 2024 513 Views 0 comment Print

Technical know-how fee falling under category of royalty eligible for deduction u/s. 80-O

Income Tax : ITAT Mumbai held that technical know-how fee received by the assessee falls under the category of royalty as defined in Section 80...

September 27, 2023 462 Views 0 comment Print

Section 36(1)(viia) Deduction for Bad & Doubtful Debts Allowed Regardless of Rural & Non-Rural Advances

Income Tax : ITAT Mumbai held that deduction u/s 36(1)(viia) of the Income Tax Act towards Provision for bad and doubtful debts allowable irres...

August 8, 2023 4599 Views 0 comment Print

Penalty u/s 271(1)(c) on highly debatable issue is unsustainable

Income Tax : ITAT Delhi held that imposition of penalty under section 271(1)(c) of the Income Tax Act on a highly debatable issue is unsustaina...

April 28, 2023 1374 Views 0 comment Print

Stamp duty expenditure for public subscription of share/ debenture is allowable u/s 35D

Income Tax : Karnataka High Court held that the expenses incurred towards stamp duty in connection with issue for public subscription of shares...

December 2, 2022 2211 Views 0 comment Print


Latest Notifications


Income Tax Amendment 2023: New Rules for Preliminary Expenses

Income Tax : Find out the latest Income Tax amendment in 2023, introducing new rules for preliminary expenses under section 35D. The Ministry o...

August 1, 2023 15873 Views 0 comment Print


Latest Posts in Section 35D

Surplus on redemption of treasury bills taxable under Capital Gains: ITAT Mumbai

January 23, 2024 513 Views 0 comment Print

ITAT Mumbai held that surplus on redemption of treasury bills is taxable under the head Capital Gains and not under the head ‘Profits and Gains of Business’.

Technical know-how fee falling under category of royalty eligible for deduction u/s. 80-O

September 27, 2023 462 Views 0 comment Print

ITAT Mumbai held that technical know-how fee received by the assessee falls under the category of royalty as defined in Section 80-O of the Income Tax Act and hence is eligible for deduction u/s. 80-O of the Income Tax Act, 1961.

Why amortizing preliminary expenses over 5 years is unjust for businesses?

August 16, 2023 1410 Views 0 comment Print

Explore why amortizing preliminary expenses over 5 years is unjust for businesses. Urgent appeal to lawmakers for immediate tax reform to support startups and level the playing field

Section 36(1)(viia) Deduction for Bad & Doubtful Debts Allowed Regardless of Rural & Non-Rural Advances

August 8, 2023 4599 Views 0 comment Print

ITAT Mumbai held that deduction u/s 36(1)(viia) of the Income Tax Act towards Provision for bad and doubtful debts allowable irrespective of rural advance and non-rural advances.

Income Tax Amendment 2023: New Rules for Preliminary Expenses

August 1, 2023 15873 Views 0 comment Print

Find out the latest Income Tax amendment in 2023, introducing new rules for preliminary expenses under section 35D. The Ministry of Finance has issued the Income Tax (Fourteenth Amendment) Rules, 2023, affecting businesses and individuals. Learn more about the changes and how they impact your tax filings.

Penalty u/s 271(1)(c) on highly debatable issue is unsustainable

April 28, 2023 1374 Views 0 comment Print

ITAT Delhi held that imposition of penalty under section 271(1)(c) of the Income Tax Act on a highly debatable issue is unsustainable in law.

Section 35 – Preliminary expenses – Removal of condition of activity

February 3, 2023 3222 Views 0 comment Print

Income Tax Section 35D amended to remove condition of activity in connection with preliminary expenses of a concern approved by CBDT

Stamp duty expenditure for public subscription of share/ debenture is allowable u/s 35D

December 2, 2022 2211 Views 0 comment Print

Karnataka High Court held that the expenses incurred towards stamp duty in connection with issue for public subscription of shares or debentures of the company is an allowable expenditure under section 35D of the Income Tax Act.

Business deems to be commenced once activity essential to carrying on business is started

October 17, 2022 564 Views 0 comment Print

It was held that once business is set up, expenditure incurred relating to such business have to be treated as revenue expenditure and allowed as deduction. As soon as an activity which is essential to carrying on the business is started the business must be said to have commenced.

Amortization & allowability of Expenses under section 35D & 37- ITAT remands matter back to AO

October 14, 2022 1176 Views 0 comment Print

DCIT Vs L & T Access Distribution Services Ltd. (ITAT Mumbai) On the one hand, it is argued by the Ld. A.R. for the assessee before the Ld. CIT(A) that the expenditure of Rs.13.30 crores is for the purpose of setting up of the business of the assessee, but at the same time argued that […]

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