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2023 (10) TMI 920 - GUJARAT HIGH COURTRevision u/s 263 - deduction claimed u/s 35(2AB) not allowable - assessee had not submitted necessary documentary evidence i.e. Form 3CL issued by the prescribed authority (DSIR, New Delhi) which is mandatory to be filed on or before the due date of filing of return of income and has submitted only a certificate of recognition for in house R&D unit - Tribunal setting aside the exercise of jurisdiction u/s 263 by Ld. PCIT as applying unamended Rule 35AC of the Income Tax Rules - HELD THAT:- Assessee filed certificate of the auditor certifying the expenditure during the course of assessment proceedings. With regard to Form 3CL, the same was issued by the prescribed authority on 20.07.2021 which was after passing of the assessment order under section 143(3) of the Act, and therefore, the assessee could not produce the same on or before the assessment order. Further, Form 3CL was duly filed by the assessee during the course of assessment vide letter dated 09.10.2019. Since the assessee has filed Form 3CL certifying his Research and Development (R&D) facility approved by the prescribed authority in proper format, merely because the authority failed to send the intimation during the course of assessment proceedings could not be the reason for denying the claim deduction under section 35(2AB) of the Act. ITAT in our opinion is correct in holding that the order of the A.O. is not erroneous and prejudicial to the interest of revenue. Decided in favour of assessee.
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