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EXPENDITURE INCURRED ON
SCIENTIFIC RESEARCH
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Section
35: Scientific Research Expenditure
Expenditure
on Research carried on by the Assessee [Section 35(1)/(2)]
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Contribution
made to Outsiders
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Revenue
Expenditure [Section 35(1)(i)]
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Allowable
only if research relates
to the business.
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Revenue
research cost being Salary to Employee(s) or Cost of purchase of Raw
materials, incurred 3 years immediately prior to the commencement of
business is allowable as deduction in the year in which such
business was commenced.
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Contribution
made to an approved Scientific Research Association/ University/
College/ Institution in either of the following case,
a weighted deduction of 125%
of the contribution paid is available [Section 35(1)(ii)/(iii)]
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Such
association has, as its object, undertaking of scientific research related
or unrelated to the
business of the assessee
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The
payment is made to an approved university, college or institution
for the purpose of scientific research that is related
or unrelated to the
business of the assessee.
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The
payment is made to an approved university, college or institution
for the purpose of research for social sciences that is related
or unrelated to the
business of the assessee
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Capital
Expenditure [Section 35(2)(ia)]
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If
Research expenditure incurred relates to business then even if
relevant asset is not used for research purposes in the PY,
deduction is allowable.
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Capital
research cost incurred 3 years immediately prior to the commencement
of business is allowable in the year in which such business was
commenced.
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However
Capital expenditure towards acquisition
of land is not allowable as deduction.
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No
Deduction by way of depreciation is allowable on a Capital asset
used for scientific research.
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Contribution
made to an approved Scientific Research Company, a weighted deduction of
125% of the contribution paid
is available subject to following conditions [Section 35(1)(iia)]
Amendment AY 2009-10:
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The
Taxpayer may be any Person
as defined under the Income Tax Act, 1961.
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The
Payee Company is registered in India;
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The
scientific research may/ may not be related to the business of the
company;
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The
Payee Company has as its main object Scientific research and
development;
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The
Payee Company is, for the purposes of this clause, for the time
being approved by the prescribed authority in the prescribed manner;
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The
Payee Company fulfils such other conditions as may be prescribed.
It
is to be noted that if the Payee company claims deduction under this
Section then it will not be allowed any further weighted deduction under
Section 35(2AB) w.r.t expenditure incurred after 31st March,
08 ). However deduction under Section 35(1)/ (2) would continue to be
allowed being Revenue/ Capital expenditure incurred.
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In-House
Research Expenditure [Section 35(2AB)]
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Weighted
deduction available in respect of In-house research &
development expenditure to the extent of 150%,
except in the case of expenditure incurred on Land & Building.
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However
expenditure on Building can be instead claimed under Section 35(2)(ia)
to the extent of 100%.
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The
Taxpayer is a Company & is engaged in the business of Bio
Technology / in the manufacture/ production of any drugs, electronic
equipments, computers, telecommunication equipments, chemicals or
any other article as notified by the board [CBDT].
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Deduction
under this section is allowable only up to March
31st, 2012.
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Contribution
made to Notified Institutions, wherein weighted deduction is available
to the extent of 125% of such payment made [Section 35(2AA)]
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National
Laboratory.
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University.
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Indian Institute of
Technology.
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Specified persons as
approved by the prescribed authority.
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PLEASE NOTE:
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An Asset once claimed as deduction under this section shall not be allowed any deduction under section 32 towards Depreciation.
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Sale of Capital Asset acquired for Scientific Research and Development purposes on which deduction under Section 35(2)/ (2AB) has been claimed but SUCH ASSET HAS NOT BEEN USED is chargeable to tax under section 41(3) as:-
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The Sale proceeds accrued on sale of such asset or Deduction claimed earlier u/s 35 whichever is less is chargeable to tax as Business Income;
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Excess of Sale proceeds (if any) over Deduction claimed is however chargeable to tax under Capital Gains
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Any Unabsorbed Expenditure (excess of expenditure over income) under this section can be carried forward for an indefinite period for set off against any head of income.
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In case of Amalgamation of Assessee Company, deduction can be claimed under this section only if the assessee company is the amalgamated company being an Indian Company.
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The eligible institutions seeking approval shall make application to the Central Govt., the approval being of permanent nature periodic renewal of same is not required.
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Institution, Association, University or College approved under this section shall be required to file a Return of Income under section 139(4D).
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