Capital expenditure may be fully deductible when spent for qualifying specified businesses, subject to anti abuse and eight year use rules. Section 46 allows an assessee, at option, to deduct the whole of capital expenditure incurred wholly and exclusively for any specified business in the tax year in which such expenditure is incurred (or, if capitalised pre-operationally, in the year operations commence), subject to anti-abuse conditions preventing qualification where the business is formed by splitting or reconstruction or by transfer of previously used machinery, specified exceptions for imported machinery and de minimis transfers, enumerated categories of qualifying businesses, non-duplication of other deductions, an eight-year exclusive-use condition for assets, and definitions and exclusions limiting capital expenditure.
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Provisions expressly mentioned in the judgment/order text.
Capital expenditure may be fully deductible when spent for qualifying specified businesses, subject to anti abuse and eight year use rules.
Section 46 allows an assessee, at option, to deduct the whole of capital expenditure incurred wholly and exclusively for any specified business in the tax year in which such expenditure is incurred (or, if capitalised pre-operationally, in the year operations commence), subject to anti-abuse conditions preventing qualification where the business is formed by splitting or reconstruction or by transfer of previously used machinery, specified exceptions for imported machinery and de minimis transfers, enumerated categories of qualifying businesses, non-duplication of other deductions, an eight-year exclusive-use condition for assets, and definitions and exclusions limiting capital expenditure.
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