JKPS Ltd. is an Indian company, which sets up a new manufacturing unit. It incurs the following expenditure in connection with the manufacturing unit: Particulars Amount (₹) Preparation of project report 8,00,000 Legal a

CS Professional · Advanced Tax Laws and Practice · PYQS · December 2021
JKPS Ltd. is an Indian company, which sets up a new manufacturing unit. It incurs the following expenditure in connection with the manufacturing unit: Particulars Amount (₹) Preparation of project report 8,00,000 Legal and other charges for issue of additional capital required for the new unit 2,00,000 Cost of project 35,00,000 Capital employed in the new unit 30,00,000 Total 75,00,000 Calculate the amount of deduction admissible to the company u/s 35D (Amortisation of Preliminary Expenses) of the Income Tax Act, 1961, for the assessment year 2021-22.

Answer & Explanation:

Admissible preliminary expenditure u/s 35D of the Income Tax Act, 1961 for the assessment year 2021-22 are as under: Step No. 1: Actual Expenditure (Total of Preparation of project report and Legal and other charges for issue of additional capital required for the new unit) is ₹8,00,000 + ₹2,00,000 = ₹10,00,000 Step No. 2: 5% of the 'Cost of project' or 'Capital Employed' whichever is higher 5% of Cost of project = 5% of ₹35,00,000 = ₹1,75,000 5% of Capital employed = 5% of ₹30,00,000 = ₹1,50,000 Higher of the two = ₹1,75,000 Step No. 3: Eligible preliminary expenditure being minimum of the following: a) Actual expenditure = ₹10,00,000 b) 5% of Capital employed or Cost of project (whichever is higher) = ₹1,75,000 Minimum of (a) and (b) = ₹1,75,000 Step No. 4: Amount eligible for amortization = ₹1,75,000 (minimum of ₹10,00,000 or ₹1,75,000) Step No. 5: Amount of deduction u/s 35D for current year (till 5 years) being 1/5th of eligible amount i.e. ₹1,75,000 / 5 = ₹35,000. So, ₹35,000 is the admissible deduction to the company u/s 35D (Amortisation of Preliminary Expenses) for the assessment year 2021-22.

Topics: Income Tax

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