disallowance of Rs.3,35 lakhs claimed under
section 35D and allowed under section 35DD of the Act
and further the disallowance ... lakhs
claimed u/s 35D by allowing assessee's alternate claim u/s
35DD .
17. The assessee had claimed Rs 335,605/- under section
upholding disallowance of Rs. 44,00,739/-, claimed
under section 35DD of the Income Tax Act, 1961 ("the Act") in
respect ... facts and
in law in holding that in terms of section 35DD of the Act,
demerger expenses are allowable only in the hands
which the amalgamation or
demerger takes place. As per sub section (2) of section 35DD , no deduction
shall be allowed in respect of the expenditure ... section 35DD , but not under the provisions of
section 43B of the Act. No doubt, section 35DD provides for deduction
towards expenditure incurred wholly
lakhs claimed u/s 35D by
allowing assessee's alternate claim u/s 35DD.
7 M/s. Aptech Ltd.
17. The assessee had claimed ... list of expenses specified u/s
35D(2) , then the same will definitely qualify for deduction u/s 35DD
as expenses incurred wholly and exclusively
Income-tax (Appeals)-58 erred in
not allowing deduction under Section 35DD of the Act
amounting to Rs.12,79,23,980/- during the year ... last year i.e. 5th year of claiming
deduction under Section 35DD of the Act.
4. without prejudice to the above, the entire amount
Income-tax (Appeals)-58 erred in
not allowing deduction under Section 35DD of the Act
amounting to Rs.12,79,23,980/- during the year ... last year i.e. 5th year of claiming
deduction under Section 35DD of the Act.
4. without prejudice to the above, the entire amount
Income-tax (Appeals)-58 erred in
not allowing deduction under Section 35DD of the Act
amounting to Rs.12,79,23,980/- during the year ... last year i.e. 5th year of claiming
deduction under Section 35DD of the Act.
4. without prejudice to the above, the entire amount
Income-tax (Appeals)-58 erred in
not allowing deduction under Section 35DD of the Act
amounting to Rs.12,79,23,980/- during the year ... last year i.e. 5th year of claiming
deduction under Section 35DD of the Act.
4. without prejudice to the above, the entire amount
assessee with regard to the
disallowance under section 14A and confirmed the disallowance made under
section 35DD of the Act. Aggrieved, the assessee ... expenditure mentioned in sub-
section (1) under any other provision of this Act."
(emphasis supplied)
Section 35DD is unambiguous wherein it is provided that
allowed as revenue expenses u/s 37(1) of the Act. The appellant itself has
admitted that provisions of section 35DD were inserted after ... mentioned
in sub-section (1) under any other provision of this Act."
15. A perusal of the provisions of section 35DD clearly shows that
