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Microlesson · 5-min read

Other Deductions [Section 36]

## Other Deductions — Section 36

Section 36 lists a set of specific expenses that are deductible while computing business income. Learn them clause-by-clause.

### Insurance & employee benefits

ClauseDeduction
36(1)(i)Stock insurance premium
36(1)(ib)Employee health insurance premium paid by employer — allowed only if paid other than in cash. (Insurance on P&M is allowed separately u/s 31.)
36(1)(ii)Bonus or commission paid to employees — provided it is not paid in substitute of dividend

### Interest and discounts

  • 36(1)(iii) — Interest on loan: Interest on borrowed capital used for business/profession is deductible. But if the loan financed acquisition of a fixed asset, interest up to the date the asset is first put to use is capitalised (added to Actual Cost) — Explanation 8 to Section 43(1). Interest after that date is revenue and deductible.
  • 36(1)(iiia) — Discount on Zero Coupon Bonds (ZCB): Allowed pro-rata over the life of the bond.
  • Deduction = Discount ÷ Life of bond (in months)
  • Discount = Maturity Amount Payable − Issue Price Received

### Contributions to welfare funds

ClauseDeduction
36(1)(iv)Employer's contribution to RPF / Superannuation Fund within limits — subject to 43B
36(1)(iva)Employer's contribution to NPS (u/s 80CCD), up to 14% of salary of the employee
36(1)(v)Employer's contribution to Approved Gratuity Fundsubject to 43B
36(1)(va)Employee's contribution collected by employer — deductible only if remitted to the fund within the due date under the relevant fund's Act. First treated as income u/s 2(24)(x). Section 43B never applies here.

> Salary for 36(1)(iva) = Basic + DA (for retirement benefits) + Commission (as a % of turnover).

### Bad debts — 36(1)(vii) read with 36(2)

Bad debts are deductible if they relate to the business. Two circumstances:

1. Written off in books — allowed only if actually written off AND the debt was earlier considered as income in the current or an earlier PY.

2. Irrecoverable (ICDS): Even if not recognised in books but recognised for tax purposes in the current/earlier year (ICDS vs accounting standard conflict).

Types of bad debts: (a) trade receivables not recoverable; (b) loans given by a money-lending business.

If the A.O. disallows part of the claim (36(2)): the balance becomes deductible in the year of final settlement with the customer.

### Recovery of bad debts — Section 41(4)

When a previously written-off debt is recovered, it is taxable under PGBP in the year of recovery — but only to the extent of the excess of amount recovered over net deduction (whether or not the business still exists).

  • Taxable Amount = Amount Recovered − Net Deduction
  • Net Deduction = Debt Claimed − Deduction Disallowed by A.O.
  • Not taxable if a successor recovers it.

### Family planning expenditure — 36(1)(ix)

  • Available only to companies.
  • Revenue expenditure on promoting family planning among employees → fully allowed.
  • Capital expenditure → allowed in 5 instalments from the year of expenditure.
  • Unabsorbed family-planning expenditure is treated like unabsorbed depreciation.
  • Profit/loss on sale of the related asset is treated like that of a scientific-research asset.

### Transaction taxes

ClauseDeduction
36(1)(xv)Securities Transaction Tax (STT) paid on taxable securities transactions
36(1)(xvi)Commodities Transaction Tax (CTT) on taxable commodity transactions (e.g., non-agricultural commodity derivatives)

Worked example

### Example 1

ZCB discount — 36(1)(iiia).

A Zero Coupon Bond is issued at ₹60,000 and matures at ₹1,00,000 after 5 years (60 months).

  • Discount = ₹1,00,000 − ₹60,000 = ₹40,000
  • Deduction per month = ₹40,000 ÷ 60 = ₹666.67
  • Annual deduction = ₹666.67 × 12 = ₹8,000 per year (pro-rata over the bond's life).

### Example 2

Recovery of bad debts — 41(4).

Bad debts written off = ₹10,00,000, but the A.O. allowed only ₹5,00,000 [under 36(2)]. So Net Deduction = ₹5,00,000.

Amount recovered on final settlementTaxable amount
₹5,00,000Nil (recovery ≤ net deduction)
₹7,00,000₹2,00,000
₹10,00,000₹5,00,000
₹11,00,000 (incl. ₹1,00,000 interest)₹6,00,000
₹4,00,000(₹1,00,000) — additional deduction allowed u/s 36

Taxable = Amount Recovered − Net Deduction (₹5,00,000).

⚠️ Common exam mistakes

  • Applying Section 43B to employee's contribution under 36(1)(va) — 43B NEVER applies; the test is remittance within the due date under the relevant fund's own Act.
  • Deducting the entire interest on a loan used to buy a fixed asset — interest up to the date the asset is first put to use must be capitalised (Expl 8 to 43(1)).
  • Treating ZCB discount as fully deductible in the year of issue instead of pro-rata over the bond's life.
  • Claiming family planning expenditure for a non-corporate assessee — it is available only to companies.
  • Taxing the full bad-debt recovery instead of only the excess over net deduction; and forgetting it is NOT taxable when recovered by a successor.
  • Allowing employer NPS contribution beyond 14% of salary under 36(1)(iva).
Reference: Section 36 (read with Section 41(4))
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