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2014 (10) TMI 1064 - AT - Income TaxWeighted deduction u/s 35(2AB) on clinical trials outside India - AO observing that expenditure relating to clinical trials outside India have not been included by the prescribed authority in its report in Form No. 3CL, disallowed assessee’s claim of weighted deduction on such expenditure - HELD THAT:- On a perusal of the report of the prescribed authority in Form No. 3CL it becomes clear that such expenditure has, in fact, been mentioned in the said report of the prescribed authority. Therefore, reasoning of the AO is without any basis. Furthermore, the issue relating to claim of weighted deduction on expenditure incurred on clinical trial outside India was subject matter of dispute in appeals filed by Revenue before the coordinate bench of this tribunal in assessee’s own case for the AY 2000-01 to 2002-03 and again in AY 2004-05 & 2005-06 [2010 (1) TMI 1299 - ITAT HYDERABAD]. Tribunal while deciding the issue upheld the order of CIT(A) by observing that assessee is entitled for weighted deduction on expenditure incurred on clinical trials outside India. As the CIT(A) has followed the decision of the coordinate bench of this Tribunal in assessee’s own case for preceding assessment year, there is no reason to interfere with the same. Accordingly, we uphold the order of CIT(A) by dismissing grounds raised by the department.
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