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Section 35AD

21 January 2019

Will the deeming provisions of section 35AD(7B) still apply
if an asset is used for a different business during 8 yrs...but that business is also a specified business u/s 35AD?

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3 Replies

Aashish Bansal (Article) (698 Points)
Replied 21 January 2019

the words used are the specified business..
and I think the purpose of this section was to prevent transfer from specified to non specified...
so I think 35AD(7B) won't apply in case asset is used for other specified business

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Vedant Khanna (374 Points)
Replied 21 January 2019

Okay thanks alot 😊

MOHAMMED IMRAN (1020 Points)
Replied 21 January 2019

as per section 35AD(7B ) where any asset, in respect of which a deduction is claimed and allowed under this section, is used for a purpose OTHER THAN THE SPECIFIC BUSINESS DURING THE PERIOD SPECIFIED IN SUB SECTION [7A], otherwise then by way of a mode specified .....................

as per section 35AD(7A) provides that any asset in respect of which a deduction is claimed and allowed under section 35AD SHALL BE USED ONLY FOR THE SPECIFIED BUSINESS for a period of eight years beginning with the previous year in which the asset is acquired or constructed

from the above it is clear that you can use the asset for ANY SPECIFIED BUSINESS. IT IS NOT MENTION ANYWHERE IN THE ACT, YOU CAN USE THE ASSET ONLY FOR THAT SPECIFIED BUSINESS FOR WHICH THE ASSET IS ACQUIRED

# for further information please reply

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