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2023 (9) TMI 332 - DELHI HIGH COURTPenalty imposed on Excess deduction u/s 35(2AB) - expenditure incurred on research and development - petitioner ended up claiming deduction at the rate of 200% - argument of breach of the principles of natural justice - According to the petitioner, this was a mistake which occurred because the law was amended after AY 2017-18 and also averred by the petitioner that between 2018-19 and 2019-20, the cap for deduction was pegged at 150% - petitioner says that the impugned penalty order was passed without according personal hearing to the petitioner’s authorized representative - HELD THAT:- As petitioner sought personal hearing, our attention has been drawn to the screenshot of the designated portal on which the request was made. This fact which emerges from the record is not disputed by Respondents. Having regard to the fact that personal hearing was not granted, we are inclined to set aside the impugned order and the consequential notice.It is ordered accordingly. Liberty is, however, given to the AO to pass a fresh order after according personal hearing to the authorized representative of the petitioner. For this purpose, the AO will issue a notice to the petitioner indicating the date and time of the hearing.
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