2023 (4) TMI 283 - AT - Income Tax

Disallowance in regard to late deposit of employees contribution to PF beyond the due date - HELD THAT:- As after the judgment of Checkmate Services (P.) Ltd. [2022 (10) TMI 617 - SUPREME COURT] the issue is no more res integra and settled against the assessee. Accordingly this ground is decided against the assessee.

Deduction u/s 35(2AB) disallowed - expenditure incurred on in house research facility - assessee company has not provided any details/documentary evidences of any revenue & capital expenditure on in house R&D for claiming deduction u/s 35(2AB) - CIT(A) has deleted the addition - HELD THAT:- The bench is of considered opinion that the period mentioned in the approval is not relevant and would relate back to the beginning of financial year in which the application is filed. In the case in hand the Form 3CM application once filed on 29/3/12 then for the FY 2011-12 assessee will be entitled to weighted deduction for AY 2012-13. Ld. CIT(A) has rightly relied the judgment of Maruti Suzuki India Ltd [2017 (8) TMI 248 - DELHI HIGH COURT] and Sandan Vikas (India) Ltd [2011 (2) TMI 66 - DELHI HIGH COURT] and Claris Life Sciences [2008 (8) TMI 579 - GUJARAT HIGH COURT]

There is no justification with the Revenue to support the findings of Ld. AO that assessee has failed to justify its claim on account of above mentioned expenses and failed to produce copy of any ledger account of the said expenses etc. while assessee in its submission as reproduced in the order of ld. CIT given the submissions along with details / ledger of R& D expenditure - Thus, the bench is inclined to accept the findings of Ld. CIT(A) on facts also that before it the assessee had justified the expenses on the basis of ledger accounts etc. There is no error in the findings of Ld. CIT(A) requiring interference. Decided against revenue.