MAHLE Behr India (P.) Ltd. v. DCIT (2021) 190 ITD 852 / 92 ITR 726 / 213 TTJ 481/ 206 DTR 262 (Pune)(Trib.)

S. 35 : Scientific research expenditure-Quantification prescribed by prescribed authority-Amended clause (b) of rule 6(7A) which was brought in effect from 1-7-2016 is not applicable to assessment year 2011-12-Capital expenditure DSIR 2014 guidelines-Not applicable for the year under consideration-Capital expenditure-International transaction of payment of R&D facilities availed from its AEs-weighted deduction under section 35(2AB), however same was eligible for deductions under section 35(1)(iv). [S. 35(1)(iv), 35(2AB)]

Held that since assessment year in consideration was 2011-12, amended clause (b) of rule 6(7A) which came into effect from 1-7-2016 was not applicable, thus, restriction of weighted deductions to quantification by prescribed authority in view of same was not justified. Since Assessing Officer denied said claim relying on clause (xi) of DSIR guidelines for approval in Form 3CM of in-house R & D centres issued in May 2014 w.r.t. assessment year 2011-12, same was not applicable and impugned order passed was to be overturned. R&D facilities for which assessee incurred costs outside India were neither on in-house R&D facility of assessee nor approved by prescribed authority, same could not be granted weighted deduction under section 35(2AB); however, said R&D expenditure incurred outside India was eligible for deduction under section 35(1)(iv) of the Act. (AY. 2011-12)