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TMI Blog2025 (5) TMI 1237X X X X Extracts X X X X X X X X Extracts X X X X ..... at on facts and in the circumstances of the case, the action of the ld. CIT(A) in confirming disallowance of expenditure for scientific research u/s 35(2AB) of the Income Tax Act, 1961 aggregating to Rs. 402.32 Lakhs. Is arbitrary, and untenable and must be quashed with directions for appropriate relief." 3. The relevant facts of the case giving rise to this appeal are that the assessee, engaged in the business of installing of wind electric generators (WEGs), filed its Income Tax Return (hereinafter, the 'ITR') on 30.09.2011 declaring Nil income. The case was picked up for scrutiny and the consequential assessment was completed at loss of (-) Rs. 97,08,812/-. Aggrieved, the assessee filed appeal before the CIT(A), who allowed the part re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant assessee has submitted that it has faced serious financial crisis and HR difficulties due to cessation of foreign collaboration with Vestas of Denmark and the subsequent passing away of the Director, which delayed this appeal. At the outset, the Ld. Counsel submitted that the appellant assessee had not derived any benefit by filing the appeal after due date. The Ld. Sr. Departmental Representative (hereinafter, the 'Sr. DR') with the help of facts mentioned in the assessment order and appellate objected admission of the belated appeal. 5. We have heard both parties and have perused the material available on the record. There is no dispute that under section 253(5) of the Act, the Tribunal may admit an appeal filed beyond the per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is no presumption that delay is occasioned deliberately, or on account of culpable negligence, or on account of malafides. A litigant does not stand to benefit by resorting to delay. In fact, he runs a serious risk. 7. In the instant case, applying the same principles, we find that there is no culpable negligence or malafide on the part of the assessee in delayed filing of the present appeal and he does not stand to benefit by resorting to such delay more so considering the fact of the case. Therefore, in the factual matrix of the present case, we find that there exists sufficient and reasonable cause for condoning the delay in filing this appeal and as held by the Hon'ble Supreme Court, where substantial justice and technical consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d authority, who after following proper procedure will approve the facility or otherwise and the assessee will be entitled to weighted deduction of any and all expenditure so incurred. The Tribunal has, therefore, come to the conclusion that on a plain reading of the section itself, the assessee is entitled to weighted deduction on expenditure so incurred by the assessee for development of facility. The Tribunal has also considered rule 6(SA) and Farm No. 3CM and come to the conclusion that a plain and harmonious reading of the rule and Form clearly suggests that once the facility is approved, the entire expenditure so incurred on development of the research and development facility has to be allowed for weighted deduction as provided by se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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