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TMI Blog2023 (10) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... e filed certificate of the auditor certifying the expenditure during the course of assessment proceedings. With regard to Form 3CL, the same was issued by the prescribed authority on 20.07.2021 which was after passing of the assessment order under section 143(3) of the Act, and therefore, the assessee could not produce the same on or before the assessment order. Further, Form 3CL was duly filed by the assessee during the course of assessment vide letter dated 09.10.2019. Since the assessee has filed Form 3CL certifying his Research and Development (R D) facility approved by the prescribed authority in proper format, merely because the authority failed to send the intimation during the course of assessment proceedings could not be the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory to be filed on or before the due date of filing of return of income. Therefore, the Pr. CIT invoked his revisionary jurisdiction under section 263 of the Act that the deduction claimed under section 35(2AB) of the Act was not allowable. The Pr. CIT therefore passed an order dated 31.03.2022 under section 263 holding that the assessment order under section 143(3) r/w 144C(3) of the Act passed by the assessing officer for A.Y. 2016-17 dated 17.01.2020 is erroneous in so far as it is prejudicial to the interest of Revenue. 2.1 The Pr.CIT further quashed and set aside the order of assessment under 143(3) r/w 144C(3) of the Act dated 17.01.2020 for A.Y. 2016-17 and directed the Assessing Officer to pass fresh assessment order after taking ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner passed an order under section 263 of the Act. 6. Having heard Learned Counsel for the appellant and upon perusal of the order, it is noticed that the Tribunal in the order dated 27.03.2023 has observed as under:- 7.1 In view of the above, we observe that in the instant case, the assessee had filed copy of recognition of the in house R D facility dated 25-08-2014 during the course of assessment. The assessee had also filed copy of approval of the in house R D facility dated 07-10-2015 in Form 3CM during the course of assessment, with regard to computation of deduction u/s. 35(2AB) of the Act, the assessee had filed certificate of the auditor certifying the expenditure during the course of assessment. With respect to F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n under section 35(2AB) of the Act. The assessee also filed certificate of the auditor certifying the expenditure during the course of assessment proceedings. With regard to Form 3CL, the same was issued by the prescribed authority on 20.07.2021 which was after passing of the assessment order under section 143(3) of the Act, and therefore, the assessee could not produce the same on or before the assessment order. Further, Form 3CL was duly filed by the assessee during the course of assessment vide letter dated 09.10.2019. Therefore, since the assessee has filed Form 3CL certifying his Research and Development (R D) facility approved by the prescribed authority in proper format, merely because the authority failed to send the intimation duri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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