2014 (10) TMI 1064

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..... of weighted deduction on such expenditure - HELD THAT:- On a perusal of the report of the prescribed authority in Form No. 3CL it becomes clear that such expenditure has, in fact, been mentioned in the said report of the prescribed authority. Therefore, reasoning of the AO is without any basis. Furthermore, the issue relating to claim of weighted deduction on expenditure incurred on clinical t .....

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..... MBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER Revenue by Shri B. Rama Krishna Assessee by Shri C.P. Rama Swamy ORDER PER SAKTIJIT DEY, J.M.: These appeals by the department are against a common order dated 11/03/2014 of the CIT(A)-II, Hyderabad pertaining to AYs 2009-10 and 2010-11. 2. The only issue arising out of the grounds raised by the department in the aforesaid ap .....

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..... ture relating to clinical trials outside India have not been included by the prescribed authority in its report in Form No. 3CL, disallowed assessee s claim of weighted deduction on such expenditure. Being aggrieved of such disallowance assessee preferred appeal before the CIT(A). The CIT(A) after considering the submissions of the assessee in the context of statutory provision as contained u/s 35 .....

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..... y for the AYs 2009- 10 and 2010-11 towards clinical trial of drugs. As can be seen from the assessment order, AO has disallowed the weighted deduction claimed on such expenditure by merely observing that the said expenditure is not included by the prescribed authority. However, on a perusal of the report of the prescribed authority in Form No. 3CL, a copy of which is placed at page 3 of the assess .....

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..... sion of the coordinate bench of this Tribunal in assessee s own case for preceding assessment year, there is no reason to interfere with the same. Accordingly, we uphold the order of CIT(A) by dismissing grounds raised by the department in both the assessment years under consideration. 5. In the result, appeals filed by the department in both the assessment years under consideration are dismiss .....

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