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2023 (4) TMI 280 - AT - Income TaxRevision u/s 263 - Allowability of claim u/s. 35(2AB) - PCIT observed that the assessee did not submit the necessary documentary evidences i.e. Form 3CL issued by the prescribed authority (DSIR, New Delhi) - HELD THAT:- The assessee had filed copy of recognition of the in house R&D facility dated 25-08-2014 during the course of assessment. Assessee had also filed copy of approval of the in house R&D facility dated 07-10-2015 in Form 3CM during the course of assessment, with regard to computation of deduction u/s. 35(2AB), the assessee had filed certificate of the auditor certifying the expenditure during the course of assessment. With respect to Form 3CL, we observe that the Form 3CL was issued by prescribed authority on 20-07-2021 after passing of the assessment order u/s. 143(3) of the Act on 17-01-2020. Approval of the R&D facility in Form 3CM was duly filed by the assessee during the course of assessment vide letter dated 09-12-2019. Once the assessee files Form 3CM certifying that the research and development facility has been approved by the prescribed authority in proper Format, merely because the said authority failed to send intimation to the Department in form 3CL, would not be reason enough to deprive assessee’s claim of deduction u/s. 35(2AB) of the Act. Assessment order was passed by the ld. Assessing Officer after making due inquiry regarding the claim of deduction u/s. 35(2AB) of the Act is, not erroneous and prejudicial to the interest of the Revenue - order passed by ld. PCIT u/s. 263 dismissed. - Decided in favour of assessee.
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