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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


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

September 27, 2023 951 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 2208 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 6117 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 18762 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 1830 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 4410 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 3144 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 828 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 1620 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 […]

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

January 14, 2022 55620 Views 0 comment Print

Section 35AD provides for investment -linked tax incentive for Specified Business. One such specified business of laying and operating a cross-country natural gas or cured or petroleum oil pipeline network for distribution, including storage facilities benign an integral part of such network.

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