Taxes Income Taxes

PROVISIONS ON DEDUCTION FOR EXPENDITURE ON PROSPECTING FOR CERTAIN MINERALS (SECTION 35E)

PROVISIONS ON DEDUCTION FOR EXPENDITURE ON PROSPECTING FOR CERTAIN MINERALS (SECTION 35E)
  1. Applicability: The assessee should be an Indian Company or Non-corporate resident assessee.
    Eligible Expenditure:
    Expenditure incurred wholly for-

    1. Operation relating to prospecting of such mineral or group of minerals specified in schedule VII or
    2. On the developments of mine or other natural deposits of such mineral or group of minerals.

    As reduced by-

    1. Expenditure met directly or indirectly by any other person or authority.
    2. Sale, salvage, compensation or insurance money realized by the assessee.

    Ineligible Expenditure:

    1. Expenditure on acquisition of site of the source of any material or rights in or over such site.
    2. Expenditure on acquisition of deposits of such minerals or any rights in or over such deposits.
    3. Capital expenditure on any building, plant and machinery or furniture for which depreciation is admissible u/s 32.
  2. Period of incurring expenditure: Expenditure should be incurred at any time during the year of commercial production and any one or more of the 4 years immediately preceding the year of commercial production.
  3. Period of amortization: Deduction is available for a period of 10 years commencing with the previous year of commercial production.
  4. Maximum amount of deduction in a previous year: Least of the following –
    1. Amount of installment (1/10th of the eligible expenditure)
    2. Income arising from commercial exploitation.
  5. Benefit of carry forward: The un allowed amount of installment of  a previous year can be carried forward to the succeeding previous years till the commencement of the 10th year of commercial production.
  6. Audit Report: In case of assesses other than company or Co-operative society, Audit report in Form 3AE should be furnished along with the return of income.
  7. Amalgamation / De-merger: In case of amalgamation or de-merger, the outstanding installments will be allowed to the amalgamated company or in the hands of the Resultant Company.
  8. No deduction: No deduction will be available under any other section in respect of expenditure incurred under this section.
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