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TMI Blog2020 (11) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... s 35(2)(AB) and it will be eligible for weighted deduction only if the expenditure is incurred on an in-house R D facility? - HELD THAT:- Tribunal has allowed the deduction in respect of expenses incurred by the assessee on scientific research on in-house research and development facility by placing reliance on the decision of the Gujarat High Court. It is pertinent to mention here that against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ALOK ARADHE AND HON BLE MR. JUSTICE H.T.NARENDRA PRASAD APPELLANTS (BY SRI. E.I. SANMATHI, ADV.) RESPONDENT (BY SRI. S. PARTHASARATHI, ADV.) JUDGMENT ALOK ARADHE J., This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as the Act , for short) has been preferred by the revenue. The subject matter of the appeal pertains to the Assessment Year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g rise to the filing of this appeal briefly stated are that the assessee is a company engaged in the business of manufacture of pharmaceuticals. The assessee filed return of income for the Assessment Year 2010-11 on 18.09.2010 declaring the total income of ₹ 66,76,95,460/-. The Assessing Officer, vide order dated 18.05.2012 completed the assessment on book profits chargeable under Section 11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le allowing the deduction in respect of expenses incurred on scientific research, has placed reliance on the decision of Gujarat High Court in 'CIT Vs. CADILA HEALTHCARE LTD.' 2014 TAXMANN 672 and has answered the issue in favour of the assessee. It is further submitted that no independent finding has been recorded by the Tribunal on the aforesaid issue. The aforesaid fact could not be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s on the claim of the assessee, we are left with no option but to quash the order of the Tribunal dated 16.02.2016 insofar as it pertains to claim of deduction of assessee under Section 35(2)(AB) of the Act and remit the matter to the Tribunal for decision afresh in accordance with law after affording an opportunity of hearing to the parties. Therefore, it is not necessary for us to answer the sub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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