Appeals) failed to appreciate that the conditions
prescribed in section 35AD(5)(aa) of the Act were fully complied
with and ought to have appreciated ... submitted by the assessee and also on analysis of
provisions of section 35AD of the Income Tax Act, 1961, opined
that in order to claim
action of the ld CIT(A) in allowing the claim of 35AD
made by the assessee by admitting fresh evidences in violation of provisions ... filed written submission as follows:
" As regards claim u/s.35AD, fresh evidences were admitted by the
Id. CIT(A) without calling
carried forward loss of specified
business (u/s 35AD) of Rs. 16,95,003 for the AY 2013-14 out
of income earned from specified ... claimed deduction of capital expenditure in respect of specified
business u/s 35AD of Rs. 8,48,58,578 in AY 2013-14 and after
Deputy Commissioner Of Income-Tax ... vs Serum Institute Of India Pvt Ltd.,, Pune on 15
expenditure has been allowed or is allowable as a
deduction under section 35AD , nil; and
(c) in the case of other assets, the book value
section (2AA) or sub-section (2AB) of section 35 or section
35AD or section 35CCC or section 35CCD or under any provisions
of 78[Chapter
seen that the assessee had claimed deduction u/s
35AD amounting to Rs.189,76,44,660/- relating to the
expenditure capitalized in respect
claimed as deduction under other provisions
(eg. Sec 35(2AB), 35 or 35AD) since any expenditure is covered under the
scope ... claimed as deduction under other provisions
(eg Sec 35(2AB), 35 or 35AD) since any expenditure is covered under the
scope of section
expenditure has been allowed or is allowable as a deduction under section
35AD, nil; and
(c) in the case of other assets, the book value
expenditure has been allowed or is allowable as a deduction under section
35AD, nil; and
(c) in the case of other assets, the book value
