Section 22 - Amendment of section 36 - Finance Act, 1999

22. Amendment of section 36 In section 36 of the Income-tax Act, in sub-section (1), with effect from the 1st day of April, 2000, - (a) clause (iia) shall be omitted; (b) in clause (viia), in sub-clause (a), the following shall be inserted, namely :- Provided that a scheduled bank or a non-scheduled bank referred to in this sub-clause shall, at its option, be allowed in any of the relevant assessment years, deduction in respect of any provision made by it for any assets classified by the Reserve Bank of India as doubtful assets or loss assets in accordance with the guidelines issued by it in this behalf, for an amount not exceeding five per cent. of the amount of such assets shown in the books of account of the bank on the last day of the previous year. Explanation. - For the purposes of this sub-clause, relevant assessment years means the five consecutive assessment years commencing on or after the 1st day of April, 2000 and ending before the 1st day of April, 2005. ; (c) in clause (viii), - (i) the first proviso shall be omitted; (ii) in the second proviso, for the words Provided further that , the words Provided that shall be substituted; (d) after clause (x), the following shall be inserted, namely :- (xi) any expenditure incurred by the assessee, on or after the 1st day of April, 1999 but before the 1st day of April, 2000, wholly and exclusively in respect of a non-Y2K compliant computer system, owned by the assessee and used for the purposes of his business or profession, so as to make such computer system Y2K compliant computer system : Provided that no such deduction shall be allowed in respect of such expenditure under any other provisions of this Act : Provided further that no such deduction shall be admissible unless the assessee furnishes in the prescribed form, along with the return of income, the report of an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed in accordance with the provisions of this clause. Explanation. - For the purposes of this clause, - (a) computer system means a device or collection of devices including input and output support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, or more of which contain computer programmes, electronic instructions, input data and output data, that performs functions including, but not limited to, logic, arithmetic, data storage and retrieval, communication and control; (b) Y2K compliant computer system means a computer system capable of correctly processing, providing or receiving data relating to date within and between the twentieth and twenty-first century. .