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TMI Blog2017 (5) TMI 1681X X X X Extracts X X X X X X X X Extracts X X X X ..... ible expenditure for weighted deduction u/s 35(2AB) at ₹ 15.84 crores. From the above, it is clear that the assessee-company has claimed weighted deduction on the basis of tax audit report and the auditor s certificate. In Reliance Petroproducts (P) Ltd. [ 2010 (3) TMI 80 - SUPREME COURT] held that merely because assessee had claimed expenditure, which claim was not accepted or was not acceptable to the revenue, that by itself would not attract penalty u/s 271(1)(c) - Decided in favour of assessee - ITA No. 2676/MUM/2016 Assessment Year: 2008-09 - - - Dated:- 31-5-2017 - Shri Joginder Singh And Shri N.K. Pradhan, JJ. Revenue by : Mr. Purushottam Kumar, DR Assessee by: Mr. Vishnu Dutta Sharma, AR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment proceedings, the assessee filed before the A.O. a copy of Form 3CM and Form 3CL in relation to section 35 (2AB). As per the report of DSIR in Form No. 3CL, there was a difference in the eligible amount as compared to the amount claimed in the computation. The details are as under: Eligible as per Form 3CL Claimed in computation Revenue Expenditure. ₹ 944.20 lacs ₹ 9,51,45,795 Capital Expenditure. ₹ 612.13 lacs ₹ 6,30,77,938 The assessee ,during the course of assessment proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A.O. 6. Before us, The Learned Counsel of the assessee files a Paper Book (P/B) containing (i) Fact Sheet and Submissions, (ii) Copy of the Tax Audit Report certifying the Revenue Expenditure and Capital Expenditure on R D eligible for weighted deduction u/s 35 (2AB), (iii) Relevant page of the Guidance Note on Tax Audit u/s 44AB of the Income Tax Act, 1961 in respect of Certification of eligible deduction u/s 35 (2AB), (iv) Auditors Certification, as prescribed by Department of Scientific Industrial Research for the claim for weighted deduction u/s 35 (2AB). Reliance was also placed by him on the decision in Reliance Petroproducts (P) Ltd. (supra), ACIT vs. Torrent Pharmaceuticals Ltd. (2009) 28 CCH 781 (Ahd), ACIT vs Mahi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B) and (ii) the accounts have been satisfactorily maintained and the expenditure certified are also in consonance with DSIR guidelines. The assessee-company s claim for weighted deduction is supported by the auditor s certificate as per the Form prescribed by the DSIR. In the present case, the auditor s certificate for the approved R D unit has certified the total eligible expenditure for weighted deduction u/s 35(2AB) at ₹ 15.84 crores. From the above, it is clear that the assessee-company has claimed weighted deduction on the basis of tax audit report and the auditor s certificate. 7.1. In Reliance Petroproducts (P) Ltd. (supra), the Hon'ble Supreme Court has held that merely because assessee had claimed expenditure, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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