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TMI Blog2021 (10) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... pendent on fulfilling the requirements of the Section. This argument need not be considered for the reasons that the assessee, on the strength of a right in its favour or infirmity in the stipulation of period by DSIR, availed the writ remedy. The prayers of assessee were rejected. The result is that the conclusion recorded against the assessee by the judgment in [ 2010 (4) TMI 48 - DELHI HIGH COURT ] bars the assessee from re-agitating the same issue in subject assessment proceedings. The request of the assessee was to give approval with effect from 01.04.2004. For available reasons, and now approved by the judgment in [ 2010 (4) TMI 48 - DELHI HIGH COURT ] it has been granted with effect from 01.04.2007 to 31.03.2010. This conclusi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 2006-07; dtd.31.03.2015 ITA NO.44/R-1/E/CIT(A)-I/2015-16 DT.26.03.2018 ITA NO.339/COCH/2018 DTD 21.03.2019 225/2019 2 2007-08; dtd.31.03.2015 ITA NO.43/R-1/CIT(A)-I/2015-16 DT.31.03.2017 ITA NO.249/COCH/2018 DTD 21.03.2019 238/2019 2.2 The appeals are admitted on the following substantial question of law. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in confirming the disallowance of deduction under Section 35(2AB) of the Income Tax Act? The circumstances noted by the Assessing Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer noted that on 21.08.2008 the agreement stipulated by clause (iii) of Section 35(2AB) of the Act was entered into by the assessee. Therefore, the important stipulation for availing weighted deduction has been complied with on 21.08.2008. The Assessing Officer for two reasons declined the deduction claimed by the assessee under Section 35(2AB), namely the assessee has not filed revised return claiming the weighted deduction for the subject Assessment Year, and that the agreement with the Department, which is a condition precedent, was entered into subsequent to the Financial Year during which the deduction is claimed. Therefore, the assessee is not entitled to the weighted deduction of 150% under Section 35(2AB). The Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een granted from 01.04.2008. However, in view of the guideline prescribed in Clause (vi) of para 6, a beneficial provision has been made so as to extend the approval of an in-house research and development centre to the previous year, but limited only to capital expenditure (excluding any capital expenditure on land and buildings). It is for this reason, according to Mr. Chandhiok, that the approval in Form 3CM granted on 15.06.2009 has been given with effect from 01.04.2007. It was also pointed out that it is because of these provisions, which are beneficial to the petitioner, that the benefit of weighted tax deduction for the year 2007-08, which is the year prior to the year of application, has been limited to capital expenditure (excludi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with effect from 01.04.2007 is not acceptable. 10. Insofar as the plea that the approval has been granted for the financial year 2007-2008 only for capital expenditure and not revenue expenditure, is concerned, we agree with the submissions made by Mr. Chandhiok that the benefit would not have normally accrued to the petitioner for the financial year 2007-2008 because the approval would normally have been granted only in the year in which the application in form 3CK is made. If that were to be the case, then the petitioner could have got approval only with effect from 01.04.2008, It is only because of the beneficial provisions indicated in the guidelines that the benefit has been extended to the earlier year, being the financial year 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee from re-agitating the same issue in subject assessment proceedings. The request of the assessee was to give approval with effect from 01.04.2004. For available reasons, and now approved by the judgment in W.P.(C) No. 13338/2009, it has been granted with effect from 01.04.2007 to 31.03.2010. This conclusion is confirmed by the Delhi High Court. The effort of the assessee again is in respect of the very same Assessment Year for which a different conclusion is attempted to be invited from this Court. The argument for weighted depreciation is rightly rejected by all the authorities under the Act. 5.1. We are in agreement with the findings recorded by all the three authorities and are of the view that the substantial question of law, by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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