Assessing Officer disallowed claim of weighted deduction under section 35(2AB) on capital expenditure incurred on R&D facilities availed from its AEs to extent of R&D expenditure incurred outside India. DRP affirmed the order of the AO. On appeal the Tribunal held that since 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 is eligible for deduction under section 35(1)(iv) of the Act. (AY. 2012-13)
Mahle Behr India (P.) Ltd. v. DCIT (2025) 211 ITD 485 (Pune) (Trib.)
S. 35 : Expenditure on scientific research-Capital expenditure-Outside India-Not eligible for weighted deduction under section 35(2AB)-Eligible for deduction under section 35(1)(iv) of the Act.[S. 35(1)(iv), 35(2AB)]
Leave a Reply