Section 32 — Other deductions
The following amounts shall be allowed as deduction in computing income
chargeable under section 26:—
( a) bonus or commission paid to an employee for services rendered, but
only when such amount would not have been payable to the employee
as profits or dividend if it had not been paid as bonus or commission;
( b) interest paid in respect of capital borrowed for the purposes of
business or profession, where—
( i) such interest shall not include interest on capital borrowed for
acquisition of an asset, whether capitalised in the books of
account or not, for any period beginning from the date the capital
was borrowed for acquisition of the asset till the date that asset
was first put to use;
( ii) recurring subscriptions paid periodically by shareholders or sub -
scribers in Mutual Benefit Societies fulfilling the conditions as may
be prescribed, shall be deemed to be capital borrowed;
( c) contribution paid by a public financial institution to the credit guaran-
tee fund trust for small industries as the Central Government may, by
notification, specify;
( d) the pro rata amount of discount on a zero coupon bond having regard
to the period of life of such bond calculated in the manner, as may be
prescribed, where—
( i) “discount” means the difference between the amount received or
receivable by the infrastructure capital company or infrastructure
capital fund or public sector company or scheduled bank issuing
the bond, and the amount payable on maturity or redemption of
such bond;
( ii) “period of life of bond” means the period commencing from the
date of issue of the bond and ending on the date of the maturity or
redemption of such bond;
( e) the amount carried to a special reserve created and maintained by a
specified entity, subject to the following conditions:—
( i) such amount shall not exceed 20% of the profits derived from an
eligible business computed under the head “Profits and gains of
business or profession” before any deductions under this clause;
and
( ii) when the aggregate of such amounts carried to such reserve account
from time to time exceeds twice the amount of paid-up share capital
and of general reserves of the specified entity, no deduction shall
be allowable on such excess,
and for the purposes of this clause,—
( A) “specified entity” means—
( I) a public financial institution as specified in section 2( 72) of
the Companies Act, 2013 (18 of 2013);
( II) a financial corporation which is a public sector company;
( III) a banking company;
( IV) a co-operative bank other than a primary agricultural credit
society or a primary co-operative agricultural and rural
development bank;
( V) a housing finance company; and
( VI) any other financial corporation including a public com-
pany;
( B) “eligible business” means,—
( I) in respect of any of the specified entities referred to in clause
(e)(A)(I) to (IV), the business of providing long-term finance
for—
( a) industrial or agricultural development;
( b) development of infrastructure facility in India; or
( c) development of housing in India;
( II) in respect of the specified entity referred to in clause (e)(A)(V),
the business of providing long-term finance for the construc-
tion or purchase of houses in India for residential purposes;
and
( III) in respect of the specified entity referred to in clause (e)(A)(VI),
the business of providing long-term finance for development
of infrastructure facility in India;
( C) “infrastructure facility” means—
( I) an infrastructure facility as defined in Explanation to section
80-IA(4)(i) of the Income-tax Act, 1961 (43 of 1961) or any
other public facility of a similar nature as may be notified by
the Board in this behalf and which fulfils the conditions as
may be prescribed;
( II) an undertaking referred to in section 80-IA(4)( ii) or ( iii) or
(iv) or (vi) of the Income-tax Act, 1961 (43 of 1961); and
( III) an undertaking referred to in section 80-IB(10) of the
Income-tax Act, 1961 (43 of 1961);
( f) any expenditure, not being capital expenditure, incurred by a corporation
or a body corporate, by whatever name called, if,—
( i) it is constituted or established by a Central Act or State Act or
Provincial Act;
( ii) it is notified by the Central Government for the purposes of this
clause having regard to the objects and purposes of the Act referred
to in sub-clause (i); and
( iii) the expenditure is incurred for the objects and purposes authorised
by the Act under which it is constituted or established;
( g) the expenditure incurred by a co-operative society engaged in the business
of manufacture of sugar, on purchase of sugarcane at a price equal to or
less than the price fixed or approved by the Government;
( h) marked to market loss or other expected loss as computed as per the
income computation and disclosure standards notified under section
276(2);
( i) any expenditure bona fide incurred by a company for the purpose of pro-
moting family planning amongst its employees, subject to the following
conditions:—
( A) if such expenditure or any part of it is of capital nature, one-fifth
of it shall be deducted for the tax year in which it was incurred and
the balance shall be deducted in equal instalments for each of the
four immediately succeeding tax years;
( B) the provisions of sections 33(11) and 112(3) shall apply to
deduction under this clause as they apply in relation to deductions
allowable in respect of depreciation;
( C) the provisions of sections 38(1)( c), 39(4) (Table: Sl. No. 9), 45(6)
and (10), shall apply to an asset representing capital expenditure
for promoting family planning, to the extent they apply to an asset
representing capital expenditure on scientific research;
( j) the amount being difference between the actual cost of animals used
for the purposes of the business or profession otherwise than as stock-
in-trade and the amount realised from the carcasses or animals, where
such animals have died or become permanently useless; and
( k) the amount paid as securities transaction tax or commodities trans -
action tax, if—
( i) the taxable securities transactions or taxable commodities trans -
actions are entered into the course of the business during the tax
year; and
( ii) the income arising from such taxable securities transactions or
taxable commodities transactions is included in the income
computed under the head “Profits and gains of business or pro -
fession”.
Related sections
- Section 13 — Heads of income
- Section 14 — Income not forming part of total income and expenditure in relation to such income
- Section 15 — Salaries
- Section 16 — Income from salary
- Section 17 — Perquisite
- Section 18 — Profits in lieu of salary
- Section 19 — Deductions from salaries
- Section 20 — Income from house property
- Section 21 — Determination of annual value
- Section 22 — Deductions from income from house property
- Section 23 — Arrears of rent and unrealised rent received subsequently
- Section 24 — Property owned by co-owners
- Section 25 — Interpretation
- Section 26 — Income under head “Profits and gains of business or profession”
- Section 27 — Manner of computing profits and gains of business or profession
- Section 28 — Rent, rates, taxes, repairs and insurance
- Section 29 — Deductions related to employee welfare
- Section 30 — Deduction on certain premium
- Section 31 — Deduction for bad debt and provision for bad and doubtful debt
- Section 33 — Deduction for depreciation
- Section 34 — General conditions for allowable deductions
- Section 35 — Amounts not deductible in certain circumstances
- Section 36 — Expenses or payments not deductible in certain circumstances
- Section 37 — Certain deductions allowed on actual payment basis only
- Section 38 — Certain sums deemed as profits and gains of business or profession
- Section 39 — Computation of actual cost
- Section 40 — Special provision for computation of cost of acquisition of certain assets
- Section 41 — Written down value of depreciable asset
- Section 42 — Capitalising impact of foreign exchange fluctuation
- Section 43 — Taxation of foreign exchange fluctuation
- Section 44 — Amortisation of certain preliminary expenses
- Section 45 — Expenditure on scientific research
- Section 46 — Capital expenditure of specified business
- Section 47 — Expenditure on agricultural extension project and skill development project
- Section 48 — Tea development account, coffee development account and rubber development account
- Section 49 — Site Restoration Fund
- Section 50 — Special provision in case of trade, profession or similar association
- Section 51 — Amortisation of expenditure for prospecting certain minerals
- Section 52 — Amortisation of expenditure for telecommunications services, amalgamation, demerger, scheme of voluntary retirement, etc
- Section 53 — Full value of consideration for transfer of assets other than capital assets in certain cases
- Section 54 — Business of prospecting for mineral oils
- Section 55 — Insurance business
- Section 56 — Special provision in case of interest income of specified financial institutions
- Section 57 — Revenue recognition for construction and service contracts
- Section 58 — Special provision for computing profits and gains of business or profession on presumptive basis in case of certain residents
- Section 59 — Computation of royalty and fee for technical services in hands of non-residents
- Section 60 — Deduction of head office expenditure in case of non-residents
- Section 61 — Special provision for computation of income on presumptive basis in respect of certain business activities of certain non-residents
- Section 62 — Maintenance of books of account
- Section 63 — Tax audit
- Section 64 — Special provision for computing deductions in case of business reorganisation of co-operative banks
- Section 65 — Interpretation for purposes of section 64
- Section 66 — Interpretation
- Section 67 — Capital gains
- Section 68 — Capital gains on distribution of assets by companies in liquidation
- Section 69 — Capital gains on purchase by company of its own shares or other specified securities
- Section 70 — Transactions not regarded as transfer
- Section 71 — Withdrawal of exemption in certain cases
- Section 72 — Mode of computation of capital gains
- Section 73 — Cost with reference to certain modes of acquisition
- Section 74 — Special provision for computation of capital gains in case of depreciable assets
- Section 75 — Special provision for cost of acquisition in case of depreciable asset
- Section 76 — Special provision for computation of capital gains in case of Market Linked Debenture
- Section 77 — Special provision for computation of capital gains in case of slump sale
- Section 78 — Special provision for full value of consideration in certain cases
- Section 79 — Special provision for full value of consideration for transfer of share other than quoted share
- Section 80 — Fair market value deemed to be full value of consideration in certain cases
- Section 81 — Advance money received
- Section 82 — Profit on sale of property used for residence
- Section 83 — Capital gains on transfer of land used for agricultural purposes not to be charged in certain cases
- Section 84 — Capital gains on compulsory acquisition of lands and buildings not to be charged in certain cases
- Section 85 — Capital gains not to be charged on investment in certain bonds
- Section 86 — Capital gains on transfer of certain capital assets not to be charged in case of investment in residential house
- Section 87 — Exemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban area
- Section 88 — Exemption of capital gains on transfer of assets in cases of shifting of industrial undertaking from urban area to any Special Economic Zone
- Section 89 — Extension of time for acquiring new asset or depositing or investing amount of capital gains
- Section 90 — Meaning of “adjusted”, “cost of improvement” and “cost of acquisition”
- Section 91 — Reference to Valuation Officer
- Section 92 — Income from other sources
- Section 93 — Deductions
- Section 94 — Amounts not deductible
- Section 95 — Profits chargeable to tax