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Microlesson · 5-min read

Section 35 - Scientific Research Expenditure

# Section 35: Scientific Research Expenditure

Section 35 incentivises spend on R&D. Deductions are bifurcated based on:

  • Who does the research — the assessee himself (in-house) or some other approved entity (contribution).
  • Type of spend — capital or revenue.
  • When — before or after commencement of business.

## Branch A — In-House Research

### (1) Expenditure BEFORE Commencement of Business

Allowed for spends in the 3 preceding years before the date of commencement.

Type of ExpenditureAllowed?
Capital expenditure on land✗ Not allowed
Other capital expenditure (e.g., building, equipment)✓ Allowed (100%)
Revenue expenses on Salary (excluding perquisites)✓ Allowed
Revenue expenses on Material✓ Allowed
Other revenue expenses (rent, utilities, etc.)✗ Not allowed

### (2) Expenditure AFTER Commencement of Business — All Assessees

Sub-sectionNatureDeduction
Sec 35(1)(i)Revenue R&D expenditure100% allowed
Sec 35(1)(iv)Capital R&D expenditure (except land)100% allowed

## Branch B — Contribution to Others (100% Allowed)

RecipientSectionType of research
IIT / National laboratorySec 35(2AA)Scientific
Approved Indian company engaged in R&DSec 35(1)(iia)Scientific
Approved college / institute / university / research associationSec 35(1)(ii)Scientific
Approved institutionSec 35(1)(iii)Social & Statistical

All the above contributions get 100% weighted deduction.

## Important Notes

1. If deduction under Sec 35 is claimed on a capital asset, depreciation will NOT be allowed on the same asset (no double benefit).

2. If Land & Building are purchased under a composite agreement, cost must be bifurcated based on FMV — the land portion is disallowed, building portion is allowed.

Worked example

### Example 1

Example 1 — Pre-commencement: Business commences on 1.4.2026. Assessee incurred during preceding 3 years: salary to scientists Rs. 5,00,000; raw material Rs. 2,00,000; rent for lab Rs. 3,00,000; equipment Rs. 10,00,000; land for lab Rs. 25,00,000.

Deduction in PY 2026-27 = 5,00,000 + 2,00,000 + 10,00,000 = Rs. 17,00,000. Rent (Rs. 3,00,000) and land (Rs. 25,00,000) are disallowed.

### Example 2

Example 2 — Composite purchase: Composite agreement for L&B at Rs. 50,00,000. FMV: Land Rs. 30,00,000, Building Rs. 20,00,000.

Deduction u/s 35(1)(iv) = Rs. 50,00,000 × (20/50) = Rs. 20,00,000 (only the building portion).

### Example 3

Example 3 — Contribution: Donation of Rs. 1,00,000 to an approved IIT. Deduction u/s 35(2AA) = Rs. 1,00,000 (100%).

⚠️ Common exam mistakes

  • Claiming pre-commencement deduction for revenue expenses other than salary and material (e.g., rent, electricity) — these are not allowed.
  • Including perquisites in 'salary' for pre-commencement deduction.
  • Claiming both Sec 35 deduction and depreciation on the same capital asset.
  • Claiming deduction on land — never allowed under Sec 35 (capital or pre-commencement).
  • Forgetting to bifurcate L&B under composite agreement using FMV.
  • Looking back beyond 3 years for pre-commencement expenditure.
Bare-Act text Section 35 · Income-tax Act, 1961 · click to expand
Section 35(1): In respect of expenditure on scientific research, the following deductions shall be allowed — (i) any expenditure (not being in the nature of capital expenditure) laid out or expended on scientific research related to the business; (ii) an amount equal to the sum paid to a research association/university/college/other institution to be used for scientific research; (iv) in respect of any expenditure of a capital nature on scientific research related to the business carried on by the assessee, such deduction as may be admissible under sub-section (2).
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