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-

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

As reduced by-

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

Ineligible Expenditure:

  • Expenditure on acquisition of site of the source of any material or rights in or over such site.
  • Expenditure on acquisition of deposits of such minerals or any rights in or over such deposits.
  • 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 –

  • Amount of installment (1/10th of the eligible expenditure)
  • 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.

error: Content is protected !!