Held that the Tribunal was right in holding that the share premium collected on the issue of share capital by the assessee could not be taken as part of the capital employed for allowing deduction under section 35D. That the Tribunal was right in holding that the cost of acquisition of companies could not be treated as asset for allowing deduction under section 35D. That the Tribunal was right in holding that the deduction under section 35D was to be distributed in the subsequent years. (AY. 2009-10)
Subex Ltd. v. Add. CIT (2022)448 ITR 309 (Karn.)(HC)
S. 35D : Amortisation of preliminary expenses-Premium collected on issued share capital-Not part of capital employed-includible in preliminary expenses for amortisation-Cost of acquisition of companies does not form part of project expenses-Deduction to be distributed in subsequent years. [S. 37(1)]