here an expenditure of the nature specified in column B of the Table given below is incurred during the tax year, a deduction or part thereof shall be allowed in equal instalments in each of the successive tax years as mentioned in column D of the said Table, beginning from the initial tax year specified in column C thereof. Table Sl. No. Nature of expenditure Initial tax year Number of tax years over which deduction of expenditure is allowable in equal instalments A B C D 1. Expenditure incurred by Tax year in Five tax years. an Indian company, wholly which such and exclusively for the amalgamation or purposes of amalgamation demerger takes or demerger of an place. undertaking. 2. Amount paid to an Tax year in Five tax years. employee in connection which such with his voluntary payment is made. retirement as per any scheme of voluntary retirement.
CH. IV D.- PROFITS AND GAINS OF BUSINESS OR PROFESSION [Sec 26-66] A B C D 3. Capital expenditure Tax year in Number of years incurred and actually paid which,— commencing from for acquiring any right to (a) the the initial tax year use spectrum for business to and ending in the telecommunication operate telecom tax year up to services (spectrum fee). services is which the spectrum commenced; or for which the fee is (b) spectrum paid remains in fee is actually force. paid, whichever is later. 4. Capital expenditure Tax year in Number of years incurred and actually paid which,— commencing from for acquiring any right to (a) the the initial tax year operate telecommunication business to and ending in the services (herein referred to operate telecom tax year up to as licence fee). services is which the licence commenced; or for which the fee is (b) licence paid remains in fee is actually force. paid, whichever is later. (2) Where the licence or spectrum referred to in sub-section (1) (Table: Sl. No. 3 or 4)— (a) is transferred, and the proceeds of the transfer (so far as they consist of capital sums) are less than the expenditure though incurred, but remaining unallowed, a deduction equal to such expenditure remaining unallowed, as reduced by the proceeds of the transfer, shall be allowed in respect of the tax year in which the licence or spectrum is transferred; (b) is transferred, whether in whole or in part, and the proceeds of the transfer (so far as they consist of capital sums) exceed the amount of the expenditure though incurred, but remaining unallowed, so much of the excess as does not exceed the difference between the expenditure incurred to obtain the licence or spectrum and the amount of such expenditure remaining unallowed, shall be chargeable to income-tax as profits and gains of the business in the tax year in which the licence or spectrum has been transferred; (c) is transferred under clause (b) in a tax year in which the business is no longer in existence, the provisions of said clause shall apply as if the business is in existence in that tax year; (d) is transferred, whether in whole or in part, and the proceeds of the
transfer (so far as they consist of capital sums) are equal or greater than the amount of expenditure incurred remaining unallowed, no deduction for such expenditure shall be allowed under sub-section (1) in respect of the tax year in which the licence or spectrum is transferred or in respect of any subsequent tax year or years; (e) is sold or otherwise transferred by the amalgamating company or demerged company, as the case may be, in a scheme of amalgamation or demerger, to the amalgamated company or resulting company, being an Indian company,— (i) the provisions of clauses (a), (b), (c) and (d) shall not apply to the amalgamating or demerged company; and (ii) all the provisions of this section shall continue to apply to the amalgamated or resulting company as it would have applied to the amalgamating or demerged company, as if the transfer had not taken place. (3) Where a part of licence or spectrum referred to in sub-section (1)(Table: Sl. No. 3 or 4) is transferred in a tax year and sub-section (2)(b) and (c) does not apply, the deduction to be allowed under sub-section (1) for the expenditure though incurred but remaining unallowed shall be arrived at by— (a) subtracting the proceeds of transfer (so far as they consist of capital sums) from the expenditure remaining unallowed; and (b) dividing the remainder by the number of relevant tax years which have not expired at the beginning of the tax year during which the licence or spectrum is transferred. (4) No deduction shall be allowed–– (a) for depreciation under section 33(1) to (10) in respect of expenditure mentioned in sub-section (1) (Table: Sl. No. 3 or 4), where deduction under this section is claimed and allowed for any tax year; (b) under any other provision of this Act in respect of the expenditure mentioned in sub-section (1) (Table: Sl. No. 1 or 2).