The Tribunal noted that that the Assessing Officer had made detailed inquiries into the claim to deduction of the assessee under section 35(2AB). Further, the assessee had duly filed Form 3CM and Form 3CLA. Further, Form 3CL was issued by the prescribed authority after passing of the assessment order. Accordingly, it was held that there was no lack of inquiry on the part of the Assessing Officer. Further, merely because the authority failed to send intimation to the Department in Form 3CL, that would not be reason to deprive the assessee of the deduction under section 35(2AB) of the Act. (AY. 2016-17)
Schaeffler India Ltd. v .PCIT (2023)200 ITD 747 / 103 ITR 19 (SN)(Ahd) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessee submitted Form 3CM and Form 3CLA-Claim cannot be rejected in absence of intimation to Department in Form 3CL-No lack of inquiry by the AO-Dismissed the order passed by the PCIT.[S. 35(2AB]