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2018 (5) TMI 1272 - HC - Income TaxClaim of deduction u/s 35(1) - expenditure of capital nature on scientific research related to the business carried on by the assessee - Tribunal remanded the proceedings for fresh disposal in view of the fact that the opinion of the prescribed authority under the said section was not still available - Held that:- It can be seen from the record that over 10 years since the completion of the assessment year and the filing of the return, the report of the prescribed authority is not yet available. As noted, it is not even clear that whether the Revenue has sought such report. In a given case, mere delay and the prescribed authority giving its opinion, may not be fatal to the interest of the Revenue. However, in facts of the case, we have no difficulty in accepting the Tribunal's approach.
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