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Case law › Income-tax Act 2025 › Chapter IV › Section 45
Chapter IVwas s.35

Section 45 of the Income-tax Act, 2025

Section 45 — Expenditure on scientific research. Successor to s.35 of the 1961 Act.

Where this section sits

Section 45 is in Chapter IV — Computation of Total Income, which runs from section 13 to section 95.

← Section 44  ·  Section 46 →

What this section does

Sub-section (1) allows a deduction for capital expenditure (excluding land) and revenue expenditure incurred on scientific research related to the assessee's business, and clause (b) extends it to salary of employees engaged in such research and materials used in it for the three years immediately before the business commences, to the extent certified by the prescribed authority, with that pre-commencement expenditure — capital expenditure too, under clause (c) — deemed incurred in the year the business starts. Sub-section (2) gives a separate deduction to a company in bio-technology or in manufacture or production of an article not specified in Schedule XIII for expenditure (other than cost of land or building) on an in-house R&D facility approved by the prescribed authority, and bars double claims. Sub-section (3) allows a deduction for sums paid to research associations, universities, colleges and institutions (for scientific, social science or statistical research), to approved Indian research and development companies, and to national laboratories, universities, IITs or specified persons for research under an approved programme. Sub-sections (4) to (10) carry the machinery: prescribed conditions and documents, the notification requirement for clause (3)(a) recipients, protection where approval is later withdrawn, denial of depreciation under section 33(3) on an asset already deducted, reference of disputes about what counts as scientific research, and the pass-through to an amalgamated Indian company. Sub-section (11) defines National Laboratory, salary, specified person and land.

Why it is there

It subsidises research spending by allowing both capital and revenue research outlay as a deduction in the year it is incurred instead of over time, and by allowing deduction for research money handed to approved outside bodies. The anti-double-counting rules in sub-sections (2)(iii), (6) and (8) show the intention that the same spend is relieved once only.

Who it applies to

The figures, and what each one turns on

Read the condition in the same row. A figure quoted without it is a wrong answer with a citation attached.
WhatFigureThe condition on itWhere
Look-back period for pre-commencement salary and materials expenditureThree yearsImmediately preceding commencement of business, and only to the extent certified by the prescribed authority; deemed incurred in the year the business commencesSub-section (1)(b)
Look-back period for pre-commencement capital expenditureThree yearsImmediately preceding commencement of business; deemed incurred in the year the business commencesSub-section (1)(c)

What this means in practice

Get the approvals and certifications right before the claim: the pre-commencement claim under sub-section (1)(b) needs the prescribed authority's certificate, the in-house facility under sub-section (2) needs approval by the prescribed authority, and payments under sub-section (3)(a) go only to bodies both approved in the prescribed manner and specified by Central Government notification. Where an asset has been deducted under this section, do not also claim depreciation on it under section 33(3) — sub-section (6) prohibits it. If approval of the payee or of the programme is withdrawn after you have paid, sub-section (5) protects the deduction, so a later withdrawal is not by itself a ground for disallowance.

An example

Illustrative only, and invented for this page. The figures are chosen to show the rule biting, not taken from any real matter.

A company manufacturing an article not specified in Schedule XIII spends Rs. 2 crore on laboratory equipment and Rs. 60 lakh on research salaries and materials at an in-house facility approved by the prescribed authority. Sub-section (1) allows both in full — the section fixes no rate and no multiple, only the expenditure actually incurred, and any cost of land is excluded outright by sub-section (1)(a)(i). The bite comes afterwards: because the Rs. 2 crore has been allowed here, sub-section (6) denies any deduction under section 33(3) on that equipment for this or any other year, so the same outlay cannot be relieved twice. Rs. 15 lakh of research salaries paid in the three years before the business commenced would be deemed incurred in the year of commencement, but only to the extent the prescribed authority certifies it as incurred on such research.

Where you meet this section

In the return of income of a business claiming research expenditure and in the assessment that tests it — the supporting papers are the prescribed authority's approval of the in-house facility, and for sub-section (3)(a) payees, the Central Government notification specifying the association, University, college or institution. A dispute about whether an activity is scientific research reaches you as a reference by the Board to the Central Government or the prescribed authority under sub-section (9).

The words themselves

A deduction shall be allowed for any expenditure, being in the nature of— (i) capital expenditure, but not on acquisition of land which is acquired as such or as part of any property; or (ii) revenue expenditure, incurred on scientific research related to the business of the assessee
s.45(1)(a), Income-tax Act, 2025.

What people get wrong

What this replaced

The correspondence is the Income Tax Department’s own, from its comparison utility for the 1961 and 2025 Acts. A renumbering is the easy half; whether the words changed is the half that decides cases.

See the full 1961 to 2025 concordance.

Rules that serve this section

Rules of the Income-tax Rules, 2026 that work section 45. Where the rule’s own heading names the section we say so; the rest are marked on reading the rule, which is our derivation and not the department’s. A rule that serves the section silently and that we have missed will not appear here.

All of them are in the Rules 2026 index.

Circulars of the Board on this section

A circular binds the department, not you and not a court. Every one below was written under the 1961 Act; it reaches this section because the department’s own concordance carries the provision it names to this one.

See every circular and notification on this section, or the circulars index.

Notifications that reach this section

A notification is made under a power the Act gives and, within that power, is law. These too were made under the 1961 Act and are placed here by the department’s concordance. We hold 2564 in all; the 250 most recent are listed.

See every circular and notification on this section, or the notifications index.

Case law carried across

Read this before you rely on it. Every decision below was decided under the Income-tax Act, 1961. It appears here because it is tagged to a 1961 provision that the department’s own mapping carries to section 45. That is an inference we have drawn, not a holding on the new section: where the words changed in the move, the reasoning may not survive. Treat this as the place to start looking, not as authority on the 2025 Act.

Explainers

Read with

What this page does not tell you. It does not reproduce the section. Everything above was written from the section’s own text as the Income Tax Department publishes it — the text is here, and nothing here is advice on your facts. Where a figure matters, read the sub-section it comes from.