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Dcit, Central Circle-1(2), Hyderabad, ... vs Aurobindo Pharma Limited., Hyd, ... on 20 July, 2018
cites
Cit-I Ahmedabad vs Cadila Healthcare Ltd on 13 October, 2015
(ii) CIT vs. Cadila Healthcare Ltd (214 Taxman 0672);
Section 37 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income Tax-I vs Cadila Health Care ... on 27 February, 2017
In response, Learned Counsel for the Assessee referred to the
decision of the Hon'ble Gujarat High Court in the case of CIT v. Cadila
Health Care Ltd [2013] (214 Taxman.com 672) to submit that the issue
has been crystallised in favour of the assessee and Hon'ble Supreme
Court has referred further three questions which were not answered and
that does not affect the decision already given and the order of Gujarat
High Court has not been set-aside. He further referred to the
Explanation-2 to section 32(2AB) and relied on the following case law:-
The Commissioner Of Income Tax - Iii vs Sandan Vikas (India) Ltd. on 24 February, 2011
(v) CIT vs. Sandan Vikas (India) Ltd (335 ITR 117) (Guj)
The Commissioner Of Income-Tax, West ... vs M/S. Vegetables Products Ltd on 29 January, 1973
It was further contended that when there
are two possible views, the one which is in favour of the assessee should
be followed as held by the Hon'ble Supreme Court in the case of CIT vs.
Vegetables Products Ltd (88 ITR 192) (SC). It was the submission that
the Hon'ble Supreme Court has referred additional three questions to
Gujarat High Court and has not stayed or set-aside the judgment
already given, on which the Ld. CIT(A) relied upon. He also submitted
that the objects of the assessee R & D facility as stated in Form 3CM
has been analysed by the Ld. CIT(A) and even though the expenditure
was incurred outside for field trials, the expenditure has to be
considered for the purpose of 'in-house' research. He supported the
order of the Ld. CIT(A).
The Income Tax Act, 1961
Srini Pharmaceuticals Limited, ... vs Dcit., Circle-3(2), Hyderabad, ... on 19 January, 2018
relied upon the case of Intas Pharmaceuticals Ltd supra for the
proposition that any revenue expenditure incurred in respect of the
approved R&D facility is eligible for the weighted deduction.
Concept Securities Pvt. Ltd., , Surat vs Acit, Circle-1, Surat on 1 May, 2017
8. Referring to the decision of Concept Pharmaceuticals Ltd (supra)
it was submitted that the later decision of the ITAT has analysed the
Explanation to section 32(2AB) which was approved by the Gujarat High
Court. Since the decision has not considered the Explanation given, the
decision need not be followed.
Atotech India Pvt. Ltd., Gurgaon vs Dcit, Gurgaon on 11 May, 2018
(iii) SRI Biotech Laboratories India Ltd vs. ACIT (36 ITR (Trib) 88);
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