2010 (11) TMI 42 - HC - Income Tax

Weighted Deduction u/s 35B - research and development expenditure - whether the benefit of exemption is available from the date of notification or for the whole assessment year - Held that - once the CBDT issued a Notification dated 21.9.2004 notifying automobiles including automobile components, as article or thing for the purpose of Clause (1) of Sub Clause (2AB) of Section 35 of the Income Tax Act, 1961, such benefit provided under the said Section should enure to assessee for the whole of the assessment year and cannot be restricted from the date of Notification -regarding R & D expenditure - once the prescribed authority approved the existence of research and development facility and the expenditure incurred on such scientific research, the assessee would be entitled for the expenditure incurred for the whole of the assessment year and cannot be granted in a truncated manner.

Summary

Issues:
1. Interpretation of Section 35(2AB) of the Income Tax Act regarding weighted deduction.
2. Consideration of the Department of Scientific and Industrial Research's letter for eligibility of weighted deduction.
3. Assessment of the discrepancy between the added back amount and expenditure for deduction under Section 35(2AB).

Analysis:

Issue 1 - Interpretation of Section 35(2AB):
The appellant raised concerns regarding the Tribunal's decision to uphold the benefit provided under Section 35(2AB) for the whole assessment year, not restricted from the date of notification. The High Court, in alignment with a Gujarat High Court decision, emphasized that once the Central Board of Direct Taxes (CBDT) issued a notification, the benefit should apply for the entire assessment year, rejecting the appellant's arguments.

Issue 2 - Consideration of DSIR's Letter:
The Commissioner of Income Tax relied on a letter from the Department of Scientific and Industrial Research (DSIR) stating that R&D expenditure post a specific date would be eligible for weighted deduction. However, the Tribunal set aside the Commissioner's order, citing a Gujarat High Court judgment with similar facts. The Gujarat High Court's decision highlighted that once a facility is approved, the entire expenditure incurred must be allowed for weighted deduction, irrespective of specific dates in the certificate.

Issue 3 - Assessment of Discrepancy:
The Tribunal's decision on the discrepancy between the added back amount and the expenditure for deduction under Section 35(2AB) was questioned. The High Court deferred the discussion on this issue for further examination, scheduling a hearing for the same. The discrepancy in the amounts added back and considered for deduction remains a subject of future deliberation.

In conclusion, the High Court dismissed the appeal concerning the first two issues based on the Gujarat High Court's interpretation of Section 35(2AB) and the approval of R&D facilities for weighted deduction. The third issue regarding the discrepancy in amounts remains pending for future assessment, with a scheduled hearing to address this specific concern.