Dy. CIT v. Hanon Climate Systems India P. Ltd. (2023) 103 ITR 60 (SN) (Delhi)(Trib)

S. 35 : Expenditure on scientific research-Weighted Deduction-Application for approval of In-House Research and development facility was filed before end of financial year-Held period mentioned in Form 3CM is not relevant-Approval would relate back to beginning of financial year in which the application is filed.[S. 35(2AB)]

During the relevant AY assessee claimed a 200% deduction u/s 35(2AB) of the Act on account of expense incurred on in-house Research & Development facility amounting to Rs. 2,68,23,495/-relating to Revenue expenditure and Rs. 1,87,94,736/-relating to Capital expenditure in relation to in-house scientific research. The AO observed that the Assessee applied for approval of in house R&D facility u/s 35(2AB) only on 29.03.2012 and the facility was approved in the Form 3CM from 16.03.2012 to 31.03.2014 and held that the assessee was entitled for deduction for the relevant FY 2011-12 only from 16.03.2012 till the end of the year and not for the period before that. The ITAT upheld the order of the CIT(A) who relied on the decisions of Hon’ble Delhi High Court in Maruti Suzuki India Ltd.(supra) and Gujrat High Court in Sandan Vikas (India) Ltd and CIT V. Claris Life Sciences Ltd. (2008) 174 Taxman 113 (Guj) and held in its opinion the period mentioned in the approval is not relevant and would relate back to the beginning of FY in which the application is filed. It was therefore, held that the assessee was entitled for weighted deduction for AY 2012-13 u/s 35(2AB).

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