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2013 (3) TMI 644 - AT - Income TaxDeduction u/s 80IB - Held that:- CIT(Appeals) was justified in refusing to consider the claim of the assessee for deduction u/s. 80IB of the Act, because of the assessee’s failure to furnish the return of income on or before the due date specified u/s. 139(1) of the Act. Deduction of capital expenditure u/s. 35(1)(iv) - Held that:- The term ‘scientific research’ has been defined in section 43(4)(i) of the Act. We are of the view that the order of the CIT(A), without a crucial finding about as to how the said expenses were related to the activities of scientific research as given in Annexure to this order and as to whether the aforesaid expenses can be said to be in the nature of scientific research, cannot be sustained. However, we are of the view that the matter should be restored to the Assessing Officer with a view to enable the AO to consider the claim of the assessee afresh in the light of the submissions made by the assessee before the CIT(A). Capital expenditure allowance u/s. 35D - Held that:- Any expenditure incurred after commencement of business in connection with expansion of the undertaking or in connection with the set up of a new unit has to be allowed as a deduction over a period of five years from the previous year in which the expansion of the undertaking is completed or the new unit commences production or operation is to be allowed as deduction u/s.35D of the Act. The nature of expenses that will be allowed is set out in Sec.35D(2) of the Act. Since the issue has not been considered in its proper perspective with reference to provisions of section 35D of the Act, we deem it appropriate to set aside the order of the CIT(A) and remand the issue to the Assessing Officer for fresh consideration.
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