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Microlesson · 5-min read

Scientific Research Expenditure [Section 35]

# Scientific Research Expenditure [Section 35]

Section 35 incentivises scientific research, either carried on by the assessee himself or by contributing to approved research bodies.

## A. 100% Deduction — allowed under BOTH tax regimes

(Research related to the assessee's own business, incurred by the assessee)

SectionNatureDeduction
35(1)(i)Revenue expenditure on in-house scientific research100%. Expenditure incurred 3 years prior to commencement of business is also allowed — but only salary + cost of materials
35(1)(iv) & 35(2)(ia)Capital expenditure on in-house scientific research100%. Pre-commencement capital expenditure (within 3 years) also allowed

Rules for capital expenditure:

  • No depreciation can be claimed on the same expenditure (no double deduction).
  • No deduction for cost of land; cost of building is deductible.
  • Unabsorbed capital expenditure is carried forward and treated like unabsorbed depreciation (indefinite).

### Asset removed from scientific research purpose

  • Sold directly (without using it for any other purpose): taxable as deemed profits u/s 41(3) = lower of (a) sale proceeds, or (b) deduction claimed u/s 35.
  • Brought into normal business use: added to the block of assets at NIL [Expl. 1 to Sec. 43(1)] — i.e., no re-taxation.

## B. 100% Deduction — allowed ONLY under the Optional (old) tax regime

(Contributions/donations to outside bodies — need not relate to the assessee's business)

SectionContribution to
35(1)(ii)Approved/notified research association, university, college or institution for scientific research
35(1)(iia)An Indian company whose main object is scientific research (notified)
35(1)(iii)Approved/notified body for social science or statistical research
35(2AA)National Laboratory / University / IIT / specified person for approved scientific research programmes

> Note: Deduction for contributions is still allowed even if the recipient body's approval is withdrawn later — the donor is not penalised.

## Key distinction

  • In-house research (own business) → deduction under both regimes.
  • Contributions to outside bodies → deduction only under the optional/old regime.

Worked example

### Example 1

Sale of research asset (Sec. 41(3)): An asset used only for scientific research cost ₹4,00,000 (fully deducted u/s 35) is sold for ₹3,00,000 without being put to any other use. Deemed business profit u/s 41(3) = lower of (sale proceeds ₹3,00,000, deduction claimed ₹4,00,000) = ₹3,00,000 taxable. (Any excess of ₹3,00,000 over original cost ₹4,00,000 would be capital gains — here none.)

### Example 2

Pre-commencement revenue expenditure: Before starting business, an assessee incurred research salaries ₹2,00,000 and materials ₹50,000 (within 3 years prior). Both are deductible on commencement. Other pre-commencement revenue items (e.g., rent) are NOT allowed — only salary and materials qualify for the 3-year look-back.

### Example 3

No land deduction: Capital expenditure on research includes ₹10 lakh for a building and ₹5 lakh for land. Only the ₹10 lakh building is deductible u/s 35; the ₹5 lakh land cost is not.

⚠️ Common exam mistakes

  • Claiming both Section 35 deduction AND depreciation on the same capital expenditure — only one is allowed; no depreciation after a 35 deduction.
  • Allowing the full range of pre-commencement revenue expenses — only salary and cost of materials (within 3 years prior) qualify, not all revenue expenditure.
  • Claiming Section 35 capital deduction on cost of land — land is excluded; only building is allowed.
  • Forgetting that contributions under 35(1)(ii)/(iia)/(iii)/(2AA) are denied under the default (new) regime — only in-house research deductions survive there.
  • Denying the contribution deduction because the recipient's approval was withdrawn later — the deduction still stands.
Reference: Section 35
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