E.I.D. Parry India Ltd. v DCIT (2025) 235 TTJ 485 (Chennai)(Trib)

S. 35: Expenditure on scientific research-Approval by prescribed authority-The deduction as claimed by the assessee under s. 35(2AB) is to be allowed-Prior to the amendment of R. 6, the provision of S 35(3) did not provide for referring to DSIR for determining the amount of expenditure eligible for deduction. [S.35(2AB), 35(3), R.6 (7A)]

 

Held that once the R & D facility was approved by DSIR by issuing Form No. 3CM, the expenses incurred by the assessee have to be allowed under s. 35(2AB); quantification of expenditure has been prescribed by amending r. 6(7A) w.e.f. 1st July, 2016, only; prior to this amendment, no such power was with DSIR. Deduction under S.  35(2AB) has to be allowed on the basis of expenditure as recorded by the assessee in the books of account. (AY. 2011-12 to 2014-15)

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