India - Income Tax Act 2010 - Saarc

S. 35ABB I.T. ACT, 1961 1.218deduction under this section, then, the amalgamated company or the resultingcompany, as the case may be, shall be entitled to claim deduction under thissection in respect of such undertaking to the same extent and in respect of theresidual period as it would have been allowable to the amalgamating companyor the demerged company, as the case may be, had such amalgamation ordemerger not taken place.]Explanation.—For the purposes of this section, “know-how” means any industrialinformation or technique likely to assist in the manufacture or processing ofgoods or in the working of a mine, oil well or other sources of mineral deposits(including the searching for, discovery or testing of deposits or the winning ofaccess thereto).]29[Expenditure for obtaining licence to operate telecommunication services.35ABB. (1) In respect of any expenditure, being in the nature of capital expenditure,incurred for acquiring any right to operate telecommunicationservices 30 [either before the commencement of the business to operatetelecommunication services or thereafter at any time during any previous year]and for which payment has actually been made to obtain a licence, there shall,subject to and in accordance with the provisions of this section, be allowed foreach of the relevant previous years, a deduction equal to the appropriate fractionof the amount of such expenditure.Explanation.—For the purposes of this section,—31[(i) “relevant previous years” means,—(A) in a case where the licence fee is actually paid before thecommencement of the business to operate telecommunicationservices, the previous years beginning with the previous year inwhich such business commenced;(B) in any other case, the previous years beginning with the previousyear in which the licence fee is actually paid,and the subsequent previous year or years during which the licence,for which the fee is paid, shall be in force;](ii) “appropriate fraction” means the fraction the numerator of which isone and the denominator of which is the total number of the relevantprevious years;(iii) “payment has actually been made” means the actual payment ofexpenditure irrespective of the previous year in which the liability forthe expenditure was incurred according to the method of accountingregularly employed by the assessee.(2) Where the licence is transferred and the proceeds of the transfer (so far asthey consist of capital sums) are less than the expenditure incurred remainingunallowed, a deduction equal to such expenditure remaining unallowed, asreduced by the proceeds of the transfer, shall be allowed in respect of theprevious year in which the licence is transferred.(3) Where the whole or any part of the licence is transferred and the proceeds ofthe transfer (so far as they consist of capital sums) exceed the amount of the29. Inserted by the Finance Act, 1997, w.r.e.f. 1-4-1996.30. Inserted by the Finance Act, 1999, w.r.e.f. 1-4-1996.31. Substituted, ibid. Prior to its substitution, clause (i) was inserted by the Finance Act, 1997,w.r.e.f. 1-4-1996.