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2013 (11) TMI 277 - ITAT MUMBAIDeduction u/s 80IB - business of clinical research of pharma products – whether the activity could not be termed as research and development - eligibility criteria laid down in Rule 18DA(1) for claiming deduction u/s 80IB(8A) - Held that:- Reliance has been placed upon the judgment in the case of Indian Planetary Society v. Central Board of Direct Taxes [2009 (7) TMI 14 - BOMBAY HIGH COURT], wherein it has been held that when the Legislature had thought it fit to entrust the responsibility with the Government of India who with the help of the body of persons, who would be conversant with the subject, would apply its mind before issuing such certificate, the A.O. or the CIT(A) for that matter cannot sit in appeal against the order of such authority – Keeping in view the above decision, deduction u/s 80IB allowed – Decided in favor of Assessee. Reassessment u/s 148 / 148 - Held that:- initiation of reassessment proceedings in the present case was not based on any new material or information which had come to the possession of the A.O. after the completion of original assessment u/s. 143(3). The same thus was based merely on a fresh application of mind by A.O. to the same set of facts and to the same material on record as was available at the time of completion of the assessment originally u/s. 143(3) - Decided in favor of assessee. Classification of Nature of expenses, a revenue expenditure or capital expenditure – Software expenses disallowed on the ground being a capital expenditure – Held that:- Reliance has been placed upon the decision of Special Bench of ITAT in the case of Amway India Enterprises [2008 (2) TMI 454 - ITAT DELHI-C] – Relying upon the above case, restored to the file of AO.
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