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2022 (8) TMI 450 - AT - Income TaxWeighted deduction u/s 35(2AB) - Quantum of deduction u/s 35(2AB) - difference arose because of the fact that DSIR grant approval for revenue expenditure only from 28.01.2014 whereas the assessee claimed expenditure incurred throughout the financial year - whether AO could grant higher deduction ignoring the certificate issued by competent authority? - HELD THAT: - We find that Ld. CIT(A) has sought distinction in the case law of Hon’ble Madras High Court in CIT Vs Wheels India Limited[2010 (11) TMI 42 - MADRAS HIGH COURT], However, after studying this case law, we find that the analogy of this case law would be applicable to the facts of the present case. The facts in case law of Hon’ble Gujarat High Court in CIT V/s Claris Life sciences Ltd.[2008 (8) TMI 579 - GUJARAT HIGH COURT] were quite identical wherein it was noted that that DSIR approval was only from 27.02.2001 to 31.03.2003 but the assessee claimed weighted deduction for entire expenses as incurred during the year. The claim was allowed by Ld. AO w.e.f. 27.02.2001. However, Tribunal allowed the claim for the whole of the year - Thus we direct Ld. AO to grant full deduction to the assessee. - Decided in favour of assessee.
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