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2023 (8) TMI 72 - AT - Income TaxDeduction u/s 35(2AB) - claim denied as assessee had not submitted the application on form 3CK - R D expenditure incurred by the assessee recognized R D Centre duly approved by DSIR HELD THAT - As during the appellate proceedings the assessee has sought time for filing Form 3CM from DSIR but the same has not been filed. We deem it fit to restore the issue involved in the Appeal to the file of CIT(A) with a direction to the assessee to file Form 3CM issued by DSIR within the reasonable time and once the assessee produces the requisite documents of granting necessary approval to the assessee, the CIT(A) shall decide the matter afresh in respect of entitlement of the assessee for claiming deduction u/s 35(2AB) of the Act in accordance with law. Assessee appeal allowed for statistical purpose.
Issues Involved:
The issues involved in the judgment are disallowance of claim u/s 35(2AB) for assessment years 2015-16 and 2016-17, and disallowance as per section 40a(1a) of the Act for the year 2016-17. I.T.A. No. 9206/DEL/2019 (A.Y. 2015-16): The assessee contested the disallowance of claim u/s 35(2AB) amounting to Rs. 3,84,91,572, related to R&D expenditure incurred by the assessee recognized R&D Centre approved by DSIR. The CIT(A) confirmed the disallowance citing technical irregularities. The appellant failed to provide Form 3CM from DSIR, leading to dismissal of the appeal. The Tribunal directed the assessee to submit Form 3CM for reconsideration. I.T.A. No. 9207/DEL/2019 (A.Y. 2016-17): In this appeal, the assessee challenged the disallowance of claim u/s 35(2AB) amounting to Rs. 2,24,47,089 and disallowance u/s 40a(1a) for Rs. 64,50,805. The CIT(A) upheld the disallowances. Similar to the previous case, the Tribunal ordered the assessee to submit Form 3CM for reconsideration of the claim. In both cases, the Tribunal allowed the appeals partly for statistical purposes, directing the CIT(A) to reevaluate the claims upon submission of the required documentation within a reasonable time.
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