Section 35D of the Income Tax Act

Income-tax Act, 2025: s.44

Section 35D of the Income-tax Act, 1961 corresponds to section 44 (Amortisation of certain preliminary expenses) of the Income-tax Act, 2025.

Read section 44 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 35D is CIT v. Dalmia Cement (Bharat) Ltd. (254 ITR 377), cited in 417 of the 595 judgments on BharatTax that turn on this section.

Leading authorities on Section 35D

CIT v. Dalmia Cement (Bharat) Ltd.
254 ITR 377 · 2002 · High Court
417
citing judgments

When there is a nexus between an expenditure and the purpose of business, incurred on grounds of commercial expediency, the Revenue cannot question its reasonableness or assume the role of the businessman to compel profit maximization. This principle applies even if the business is not that of the assessee itself.

Additionally, in CIT v. A. Raman & Co.
67 ITR 11 · 1968 · Supreme Court
321
citing judgments

The mere lawful reorganization of a business transaction does not automatically imply an intent to evade tax, and genuine business adjustments should not be considered suppressive actions without clear evidence of such intent.

Saurashtra Cement and Chemical Industries Ltd. v. CIT
213 ITR 523 · 1995 · High Court
311
citing judgments

Expenditure is deductible in the year it is determined and crystallised as a liability, even if it relates to a transaction of an earlier year, provided accounts are maintained on a mercantile basis.

Alembic Chemical Works Co. Ltd. v. CIT
177 ITR 377 · 1989 · Supreme Court
275
citing judgments

Expenditure that provides a commercial advantage of an enduring nature may still be classified as revenue expenditure if its purpose is to facilitate existing trading operations, improve business efficiency, or upgrade existing products, depending on the specific context and objective.

Brooke Bond India Ltd. v. CIT
225 ITR 798 · 1997 · Supreme Court
228
citing judgments

Expenditure incurred for increasing a company's share capital or expanding its capital base, such as expenses related to the issue of shares, constitutes capital expenditure. Such expenses are not deductible as revenue expenditure under Section 37(1) of the Income-tax Act, 1961, even if they incidentally benefit the business.

Velayudhaswamy Spinning Mills (P) Ltd. v. ACIT
340 ITR 477 · 2012 · High Court
213
citing judgments

If unabsorbed depreciation or losses from years prior to the initial assessment year for Section 80-IA claim have already been set off against other income, they cannot be notionally carried forward again to reduce the profits of the eligible unit for computing deduction under Section 80-IA. The notional carry forward provision under Section 80-IA(5) applies only to unabsorbed depreciation or losses that have not yet been absorbed.

CIT v. Lakshmi Machine Works
290 ITR 667 · 2007 · Supreme Court
163
citing judgments

Excise duty collected by the assessee as an agent on behalf of the government is not includible in the total turnover for the purpose of computing deduction under section 80HHC.

Punjab State Industrial Development Corporation Ltd. v. CIT
225 ITR 792 · 1997 · Supreme Court
158
citing judgments

Expenditure incurred for increasing a company's share capital, such as expenses related to issuing shares or an initial public offering (IPO), is capital expenditure. Such expenses are not allowable as a revenue deduction under Section 37, even if they incidentally benefit the business, because they result in an increase in capital.

CIT v. K.V. Pilliah and Sons.
63 ITR 411 · 1967 · Supreme Court
97
citing judgments

The Income Tax Appellate Tribunal is not required to repeat its reasons when it fully agrees with the conclusions of the lower appellate authority and has no further grounds to add, even as the final fact-finding body.

CIT v. Bharti Televenture Ltd.
331 ITR 502 · 2011 · High Court
89
citing judgments

Interest expenditure cannot be disallowed under Section 36(1)(iii) for interest-free advances made to subsidiaries or group companies if the advances are from owned funds or are justified by commercial expediency.

Judgments on Section 35D

DCIT 1(3)(2), Mumbai vs. Sumitomo Chemical India P.Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 294/MUM/2015[2006-07]Status: DisposedITAT Mumbai27 Jul 2016AY 2006-07

Bench: Hon’Ble S/Shri Joginder Singh (Jm) & Rajesh Kumar,(Am) आमकय अऩीर सं./I.T.A. No.294/Mum/2015 (ननधधायण वषा / Assessment Year : 2006-07) Dy.Commissioner Of Income बनाम/ M/S Sumitomo Chemicals India Pvt.Ltd., Tax, 1(3)(2), Vs. 7Th Floor, Moti Mahal, 564, 5Th Floor, 195 J Tata Road, Aayakar Bhavan, M K Road, Churchgate Mumbai-400020 Mumbai-400020 (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) .. स्थधमी रेखध सं./जीआइआय सं./Pan/Gir No. :Aaecs3750L अऩीरधथी ओय से / Appellant By: Shri Kailash Kanojiya प्रत्मथी की ओय से/Respondent By Ms Radhika Thakkar & Shri Alpesh Gandhi सुनवधई की तधयीख / Date Of Hearing : 20.7.2016 घोषणध की तधयीख /Date Of Pronouncement :27. 7.2016 आदेश / O R D E R Per Rajesh Kumar: This Is An Appeal Filed By The Revenue & Is Directed Against The Order Of The Ld. Cit(A)-7, Mumbai Dated 22.10.2014 Pertaining To A.Y. 2006-07. 2. The Issue Raised By The Revenue In The Sole Ground Of Appeal Is Against The Deletion Of Penalty By Ld. Cit(A) As Imposed By The Ao Under Section 271(1)(C ) Of The Income Tax Act, 1961. 3. The Facts In Brief Are That The Assesse Filed Its Return Of Income On 29.11.2006 Declaring Total Income Of Rs.1,68,87,722/-. The Assessment 2

For Appellant: Shri Kailash Kanojiya
Section 143(3)Section 271Section 271(1)Section 35Section 35DSection 40Section 40a

ACIT, New Delhi vs. M/S. Vipul Medicorp Tpa Pvt. Ltd., New Delhi

In the result, appeal of the Revenue is allowed for statistical purposes

ITA 2506/DEL/2012[2006-07]Status: DisposedITAT Delhi30 Jun 2016AY 2006-07

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2006-07 Asstt. Commissioner Of Income Tax, Vs. M/S. Vipul Medicorp Tpa Pvt. Ltd., Circle-17(1), Room No. 221, 2Nd B-416, Ansal Chamber-I, Bhikaji Floor, C.R. Building, New Delhi Cama Place, New Delhi Gir/Pan : Aabcv8668F (Appellant) (Respondent) Appellant By Sh. Amit Jain, Sr. Dr Respondent By Sh. Rajesh Arora, Ca Date Of Hearing 18.05.2016 Date Of Pronouncement 30.06.2016 Order Per O.P. Kant, A.M.: This Appeal By The Assessing Officer (I.E. Acit, Circle-17 (1), New Delhi) Is Directed Against Order Dated 28/03/2012 Of The Ld. Commissioner Of Income-Tax (Appeals)-Xix, New Delhi For Assessment Year 2006-07, Raising The Following Grounds: 1. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax(Appeals) Erred In Deleting An Addition Of Rs. 1955754/- Made Out Of Salary Expenses Debited To P&L Account & Admitting Additional Evidence Which Had Not Been Produced Before The Assessing Officer During The Assessee Proceedings. 2. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax(Appeals) Erred In Deleting An Addition Of Rs. 912922/- Made Out Of Printing & Stationery Expenses On Account Of The Fact That Tax At Source Has Not Been Deducted Even Though Payment To Four Parties Exceeded Rs. 50,000/- & Hence Tax At Source Was Required To Be Deducted U/S. 194C Of The I.T. Act, 1961. 3. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Income Tax(Appeals) Erred In Giving A Relief Of Rs. 63,450/- Holding That The Asset Acquired By The Assessee Company In The Name Of A Sister Concern Is Also Entitled For Depreciation In The Hands Of The Assessee.

Section 143(3)Section 194C