Weighted deductions claimed u/s 35(2AB) - The petitioner ...

Court Rules R&D Deductions Include All Expenses from 01 April 2018, Not Limited by DSIR Approval Date &D.

February 15, 2024

Case Laws     Income Tax     HC

Weighted deductions claimed u/s 35(2AB) - The petitioner challenged the restriction of the eligibility period for weighted deductions on R&D expenditure, contending it should cover all expenditures since 01 April 2018, not just from 27 February 2019. - The High Court held that the restriction was untenable and against the legislative intent of Section 35(2AB), which aims to encourage R&D by allowing deductions for related expenditures without linking them to the date of DSIR approval. - The Court clarified that the eligibility for deductions under Section 35(2AB) is not limited to expenditures incurred post the DSIR's approval of the R&D facility.

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