The Legislature has used the word assessee having regard to the various ways in which the schemes are structured. Secondly, having regard to the fact that the deduction claimed by the assessee under the provisions of section 35DD of the Act was allowed in the assessment years 2004-05 to 2006-07, it should not have been disallowed in the assessment years 2007-08 and 2008-09. The amounts were deductible. (AY. 2007-08, 2008-09)
Coforge Ltd. v. ACIT (2021) 436 ITR 546 / 204 DTR 273 / 322 CTR 10 (Delhi)(HC)
S. 35D : Amortisation of preliminary expenses-Demerger-Spin Off-Entitled to amortisation of expenses on demerger.