Dismissing the appeal of the assessee the Tribunal held that , claim for deduction under S. 35(1) could not be allowed where it did not maintain separate books of account in respect of its research and development activity, however the direction given by the CIT was modified allowing the AO to examine the claim .( AY. 2009-10) Nivo Controls (P.) Ltd. v. CIT (2018) 169 ITD 139 (Mum) (Trib.)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Scientific research – Revision was held to be justified and the direction given by the CIT was modified allowing the AO to examine the claim [ S. 35(1)]

Dismissing the appeal of the assessee the Tribunal held that , claim for deduction under S. 35(1) could not be allowed where it did not maintain separate books of account in respect of its research and development activity, however the direction given by the CIT was modified allowing the AO to examine the claim .( AY. 2009-10)