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Section 35D

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ITAT Allows Final Section 35D Deduction and ESOP Recharge Expense

Income Tax : Bangalore ITAT held that the Revenue cannot deny the fifth-year deduction under Section 35D after consistently allowing the claim ...

June 12, 2026 381 Views 1 comment Print

How Small Businesses can Optimize Tax Benefits under Income Tax Act 1961

Income Tax : Learn how small businesses in India can optimize tax benefits through strategic structuring, presumptive taxation, deductions, MSM...

May 5, 2025 1689 Views 0 comment Print

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 2208 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 4410 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 55620 Views 0 comment Print


Latest Judiciary


REIT Not Eligible for Deduction u/s 35D on IPO & Listing Expenses: Bangalore ITAT

Income Tax : ITAT Bangalore held that a REIT, being a trust and not a company, is not eligible for deduction under Section 35D(2)(c) on IPO and...

July 9, 2026 51 Views 0 comment Print

Bangalore ITAT Allows Mine Development Expenditure as Revenue Expense; Deletes Double Addition

Income Tax : Bangalore ITAT held that mine development expenditure incurred by a mining contractor was allowable as a revenue deduction under S...

June 24, 2026 102 Views 0 comment Print

ITAT Deletes MAT Addition Because Convertible Debentures Were Not Compound Financial Instruments

Income Tax : The ITAT Mumbai held that the assessee's convertible debentures lacked the liability component required for classification as Comp...

June 20, 2026 108 Views 0 comment Print

ITAT Allows Section 35D & ESOP Claims, But Upholds Disallowance of Share Issue Expenses

Income Tax : The Tribunal held that once a Section 35D claim was accepted in earlier years, it could not be disallowed in the final amortizatio...

June 5, 2026 165 Views 0 comment Print

No 14A Disallowance Without Satisfaction, No Penalty on Debatable Issues

Income Tax : The Bangalore ITAT held that a disallowance under Section 14A read with Rule 8D cannot survive without the Assessing Officer recor...

June 4, 2026 354 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 18762 Views 0 comment Print


Section 68 Addition Fails Once Identity and Source Are Proved: ITAT Delhi

January 12, 2026 1083 Views 0 comment Print

The Tribunal held that unexplained cash credit addition cannot survive once identity, genuineness, and creditworthiness are established through documentary evidence. The key takeaway is that mere low income of creditors is insufficient without contrary investigation.

Section 68 Proviso Not Retrospective – ITAT Quashes Huge Share Capital Addition

December 27, 2025 786 Views 0 comment Print

The ITAT held that the proviso to Section 68 requiring proof of source of source applies only from AY 2013–14. Since the year involved was AY 2008–09, the ₹32.04 crore share capital addition was deleted as legally unsustainable.

Investigation Deposits Are Revenue Deposits; CESTAT Orders 12% Interest on Refund

December 22, 2025 921 Views 0 comment Print

Tribunal held that amounts deposited during investigation are revenue deposits, not duty, and directed payment of 12% interest as compensation from date of deposit till refund.

No Enduring Benefit in Routine Telecom Expenses: ₹169 Cr Customer Acquisition Cost allowed

October 28, 2025 423 Views 0 comment Print

The core issue was the disallowance of Rs.169 Cr in Customer Acquisition Cost (CAC), treated as capital expenditure for an enduring benefit. The ITAT deleted the addition, ruling that routine, recurring expenses like porting charges and handset subsidies in the telecom sector are revenue in nature and fully deductible under S 37(1).

Disallowance u/s. 56(2)(viib) unwarranted as creditworthiness cannot be doubted when share allotted to existing shareholder

May 12, 2025 1038 Views 0 comment Print

ITAT Delhi held that disallowance of share premium under section 56(2)(viib) of the Income Tax Act not sustainable since shares are allotted to an existing shareholder and hence creditworthiness cannot be doubted. Accordingly, appeal of revenue dismissed.

How Small Businesses can Optimize Tax Benefits under Income Tax Act 1961

May 5, 2025 1689 Views 0 comment Print

Learn how small businesses in India can optimize tax benefits through strategic structuring, presumptive taxation, deductions, MSME benefits, GST ITC, and available incentives.

Expenditure treated as capital in books cannot be claimed as revenue in computation of income

December 17, 2024 1893 Views 1 comment Print

Madras High Court held that expenditure claimed as capital expenditure cannot be claimed as revenue expenditure in the computation of income. Accordingly, appeal filed by the assessee dismissed.

Additional depreciation u/s. 32(1)(iia) admissible on process of compression of natural gas: ITAT Ahmedabad

December 9, 2024 966 Views 0 comment Print

PCIT was of the view that mere process of compression of natural gas cannot be considered to be a manufacturing activity for the purpose of claim of additional depreciation.

Grant-in-aid incurred wholly and exclusively for business is deductible: ITAT Delhi

December 3, 2024 786 Views 0 comment Print

ITAT Delhi held that grant-in-aid incurred wholly and exclusively for the purpose of business is allowable as deduction. Accordingly, appeal is allowed and addition of the same by AO is liable to be deleted.

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

January 23, 2024 834 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’.

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