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TMI Blog2018 (10) TMI 429X X X X Extracts X X X X X X X X Extracts X X X X ..... DER Per J. Sudhakar Reddy, AM :- This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals) - 4, Kolkata, (hereinafter the 'Ld. CIT(A)'), dt. 23/10/2017, passed u/s 250 of the Income Tax Act, 1961 (hereinafter the 'Act'), relating to Assessment Year 2010-11. 2. The assessee is a company and is a manufacturer/exporter of power supplies, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the period from 2005-06 to 2017-18 by way of approval and renewal for the periods up to 31.03.2009, 31.03.2012, 31.03.2015 & 31.03.2018 with dates of recognition/renewal being 17.04.2006, 04.06.2010, 30.04.2012 and 19.05.2015 respectively. The assessee also executed Form NO.3CK for the entire period of these years and was granted the approval in Form 3CM except for four years ending on 2012-13 due ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner from the department . Delay in submission of application for such approval was due to terminal illness of the concerned person of the assessee"(Emphasis ours) 4. The question is whether under such circumstances, it can be said that the action of the Assessing Officer as upheld by the ld. CIT(A), denying the claim of deduction u/s 35(2AB)(1), is bad in law. The assessee relies on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not been produced by the assessee. Thus, this case-law does not apply. Similarly the other case law relied upon by the assessee the decision of the Mumbai Bench of the Tribunal in the case of Zeus Numerix Pvt. Ltd. vs. ITO in ITA No. 3464/Mu/2012, order dt. 21/04/2015. This case-law also does not come to its rescue. The issue therein is whether deduction should be granted when Form 3CM is si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... favour of the revenue. (3) The ratio in Sun Export case (supra) is not correct and all the decisions which took similar view as in Sun Export Case (supra) stands overruled. (Emphasis ours) 5. Respectfully applying the propositions of law laid down by the Hon'ble Supreme Court to the facts of the case on hand we uphold the order of the ld. First Appellate Authority and dismiss this appeal of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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