Conditions for depreciation allowance and development rebate.34.
(1) [***](2) [***](3)(a
) The deduction referred to in section 33
shall not be allowed unless an amount equal to seventy-five per cent of the development rebate to be actually allowed is debited to the profit and loss account of any previous year
in respect of which the deduction is to be allowed under sub-section (2) of that section or any earlier previous year (being a previous year not earlier than the year in which the ship was acquired or the machinery or plant was installed or the ship, machinery or plant was first put to use and credited to a reserve account to be utilised by the assessee
during a period of eight years next following for the purposes of the business
of the undertaking, other than—(i
) for distribution by way of dividends or profits ; or(ii
) for remittance outside India
as profits or for the creation of any asset outside India :Provided
that this clause shall not apply where the assessee is a company, being a licensee within the meaning of the Electricity (Supply) Act, 1948 (54 of 1948), or where the ship has been acquired or the machinery or plant has been installed before the 1st day of January, 1958 :Provided further
that where a ship has been acquired after the 28th day of February, 1966, this clause shall have effect in respect of such ship as if for the words "seventy-five", the word "fifty" had been substituted.Explanation.
—[Omitted by the Finance Act, 1990, w.r.e.f. 1-4-1962. Earlier, it was inserted by the Finance Act, 1966, w.r.e.f. 1-4-1962.
) If any ship, machinery or plant is sold or otherwise transferred by the assessee to any person
at any time before the expiry of eight years from the end of the previous year in which it was acquired or installed, any allowance made under section 33 or under the corresponding provisions of the Indian Income-tax Act, 1922 (11 of 1922), in respect of that ship, machinery or plant shall be deemed to have been wrongly made for the purposes of this Act, and the provisions of sub-section (5) of section 155
shall apply accordingly :Provided
that this clause shall not apply—(i
) where the ship has been acquired or the machinery or plant has been installed before the 1st day of January, 1958 ; or(ii
) where the ship, machinery or plant is sold or otherwise transferred by the assessee to the Government, a local authority, a corporation established by a Central, State or Provincial Act or a 49
as defined in section 617 of the Companies Act, 1956 (1 of 1956) ; or(iii
) where the sale or transfer
of the ship, machinery or plant is made in connection with the amalgamation
or succession, referred to in sub-section (3) or sub-section (4) of section 33