Asset-use restriction requires eight-year exclusive use or triggers recapture of prior tax deductions as business income. The amendment adds two new specified businesses-slurry pipeline operation and semiconductor wafer fabrication-and requires that assets qualifying for the section 35AD deduction be used only for the specified business for eight years; if used otherwise (except as otherwise provided), previously allowed deductions, less depreciation as if no deduction had been allowed, are to be recaptured as business income, with an exception for companies designated as sick industrial companies under the industrial sickness statute.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Asset-use restriction requires eight-year exclusive use or triggers recapture of prior tax deductions as business income.
The amendment adds two new specified businesses-slurry pipeline operation and semiconductor wafer fabrication-and requires that assets qualifying for the section 35AD deduction be used only for the specified business for eight years; if used otherwise (except as otherwise provided), previously allowed deductions, less depreciation as if no deduction had been allowed, are to be recaptured as business income, with an exception for companies designated as sick industrial companies under the industrial sickness statute.
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