TMI Blog2015 (9) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... under reference is an approved one. It is only this that would exhibit that all the conditions for granting the approval (which the tribunal in the assessee’s case for A.Y. 2008-09 lays emphasis on) are met, and which can only be regarded as an essential requirement for the claim of deduction u/s. 35(2AB). As regards the prescribed authority, we are again in agreement with the tribunal, i.e., that if the concerned body (DSIR) has itself assigned the relevant function, i.e., for granting approval to in-house R & D centres, to Scientist ‘G’, the said authority can or is to be considered as having signed the relevant form for and on behalf of the Secretary, DSIR, the prescribed authority. In view of the foregoing, we, under the circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id objection, which also found approval by the ld. CIT(A), would, therefore, be of no moment. As regards the furnishing of the audit report in the requisite form, as afore-said, reference thereto has already been made per the return of income. Reference thereto is also made at para 26 of Form 3CD, i.e., the audit report prescribed u/s.44AD. Even assuming that the report stood omitted to be filed along with the return of income, the same has since been made good - Decided in favour of assessee. Disallowance of deduction u/s.80-G, i.e., qua donation to Prime Minister’s National Relief Fund - denial of claim in the absence of the assessee furnishing the relevant receipt - Held that:- The authorities below have denied the claim on the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2009-10 vide order dated 09.11.2011. 2. The first issue, raised per ground no. 1, relates to the claim for deduction u/s.35(2AB), made at ₹ 2,88,32,702/-, since confirmed for disallowance by the first appellate authority. Section 35(2AB) provides for weighted (i.e., at 1.5 times) deduction qua the expenditure incurred by a company engaged in the business of biotechnology or in the manufacturing or production of any article or thing (not being an article or thing specified in the eleventh schedule to the Act) on scientific research (other than on the cost of any land or building) carried out in-house per a research and development facility, which stands approved by the prescribed authority. The reasons for the disallowance in the insta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l on record. We find ourselves in complete agreement with the view by the tribunal in the assessee s own case, which discusses this issue vide paras 11-13 of its order dated 12.02.2014 (supra). In our clear view, except where and to the extent it leads to defeating the legislative intent, the assessee is obliged to comply with the prescription of the provision. The approval, the quantum of deduction being not the subject matter thereof, is to be in the prescribed form. Though apparently procedural, the same, it may be appreciated, has a substantive aspect to it in-as-much as the same only conveys that the in-house research and development facility under reference is an approved one. It is only this that would exhibit that all the conditions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or an adjudication afresh after allowing the assessee to present its case. The assessee s submissions dated 27.06.2011, 20.09.2011 and 12.10.2011 (PB pgs.121-128), we find relevant in this regard in-as-much as they do not bear any reference to any expenditure per payments to an outsider. Further, the assessee has, in pursuance of its application u/s.154 dated 21.11.2011, already secured deduction u/s.37(1) qua the revenue component of the relevant expenditure, so that we may not issue any separate direction/s qua the same (PB pgs.137-138, 139), as was done by the tribunal for A.Y. 2008-09 vide para 13 of its order. Needless to add, where and to the extent the assessee s deduction is allowed u/s. 35(2AB), deduction u/s.37(1), since allowed, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the ld. CIT(A), would, therefore, be of no moment. As regards the furnishing of the audit report in the requisite form, as afore-said, reference thereto has already been made per the return of income. The copy of the same, dated 26.09.2009, the same date on which the audited accounts have been signed by the Directors and Auditors, is on record (PB pgs.103-112). Reference thereto is also made at para 26 of Form 3CD, i.e., the audit report prescribed u/s.44AD. Even assuming that the report stood omitted to be filed along with the return of income, the same has since been made good. Under the circumstances, we find no merit in the objection raised by the Revenue. We decide accordingly. 5. The third and the final ground raised by the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
