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Microlesson · 5-min read

Other Deductions [Section 36]

# Other Deductions [Section 36]

Section 36 lists specific expenses allowed as deductions in computing business income.

## Insurance & employee benefits

SectionDeduction
36(1)(i)Stock insurance premium
36(1)(ib)Employee health insurance premium borne by the assessee — allowed only if paid other than in cash
36(1)(ii)Bonus or commission to employees — but not if paid in substitute of dividend

> Insurance on plant & machinery is allowed separately under Section 31, not 36(1)(i).

## Interest and discount

SectionDeduction
36(1)(iii)Interest on borrowed capital used for business. If the loan funds a fixed asset, interest up to the date first put to use is capitalised to actual cost [Expl. 8 to 43(1)]; interest after that is deductible
36(1)(iiia)Discount on Zero Coupon Bonds (ZCB) — allowed on a pro-rata basis each year: Discount ÷ Life of bond (in months). Discount = Maturity amount payable − Issue price received

## Contributions to welfare funds

SectionDeduction
36(1)(iv)Employer's contribution to RPF / Superannuation fund within prescribed limits (subject to Sec. 43B)
36(1)(iva)Employer's contribution towards NPS u/s 80CCD — up to 14% of salary of the employee
36(1)(v)Employer's contribution to an Approved Gratuity Fund (subject to Sec. 43B)
36(1)(va)Employees' contribution to welfare funds — deductible only if remitted within the due dates under the respective fund's governing law

### Important nuances

  • Salary for NPS [36(1)(iva)] = Basic + DA (for retirement benefits) + Commission (if as a % of turnover).
  • Employees' contribution [36(1)(va)]: Amounts collected from employees are first treated as income of the employer u/s 2(24)(x). The deduction is allowed only if remitted to the fund within the due date under the relevant Act. Section 43B never applies to this employees' contribution — so the due date is the statutory fund due date, not the income-tax return due date.

Worked example

### Example 1

ZCB discount (36(1)(iiia)): A ZCB is issued at ₹60,000 and matures at ₹1,00,000 after 5 years (60 months). Discount = ₹1,00,000 − ₹60,000 = ₹40,000. Annual deduction = ₹40,000 ÷ 60 months × 12 = ₹8,000 per year.

### Example 2

Employees' contribution timing (36(1)(va)): An employer deducts ₹50,000 PF from employees' salaries (added to income u/s 2(24)(x)) but remits it after the PF Act's due date. The ₹50,000 deduction is disallowed — Sec. 43B's relaxation does not save it, since 43B does not apply to employees' contribution.

### Example 3

NPS contribution cap (36(1)(iva)): An employee's salary (Basic + DA for retirement + turnover commission) is ₹10 lakh. The employer's NPS contribution deduction is capped at 14% × ₹10 lakh = ₹1.4 lakh.

⚠️ Common exam mistakes

  • Claiming employee health insurance premium paid in CASH — it must be paid other than in cash.
  • Treating employees' contribution to PF/ESI as covered by Sec. 43B — it is NOT; it must be deposited by the fund's own due date, else permanently disallowed.
  • Allowing bonus/commission to employees that is really a substitute for dividend — such payments are not deductible under 36(1)(ii).
  • Deducting interest on a loan for a fixed asset for the entire pre-use period as revenue — interest up to 'put to use' date must be capitalised (Expl. 8 to 43(1)).
  • Insuring P&M and claiming it under 36(1)(i) — P&M insurance is allowed under Section 31; 36(1)(i) covers stock insurance.
  • Computing NPS 'salary' to include allowances beyond Basic + DA (for retirement) + turnover-based commission.
Reference: Section 36
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