Government of India. (1B) For the purposes of sub-section (2AB) of section 35, the prescribed authority shall be the Secretary, Department of Scientific ... application required to be furnished by a company under sub-section (2AB) of section 35 shall be in Form No. 3CK. (5) The head
deduction of Rs.
94,98,220/- claimed by the appellant under section 35(2AB) of the Act in
respect of expenditure of Rs. 1.89 crores ... hand be completely diluting the deduction envisaged under
sub-section (2AB( of section 35 and on the other, making the explanation
noted above quite meaningless
explanation inserted
under clause 1D to Sec.35(2AB) stated that;
Explanation - for the purposed of this clause, "Expenditure on
scientific research ... 2AB) of IT. Act. The explanation inserted
under clause ID to section 35(2AB) stated that:
Explanation.--For the purposes of this clause,
"expenditure
erred in
confirming the disallowance of deduction under section 35 (2AB) of the Act for
Rs. 6.68 lakhs made by the AO.
9. Assessee ... appeal against the deletion of the
disallowance of the deduction under section 35(2AB) of the Act by the learned
hand be
completely diluting the deduction envisaged under sub-section (2AB(
of section 35 and on the other, making the explanation noted above
quite meaningless ... 35/Coch/2017
as revenue by the assessing officer himself. These items clearly are within the purview
of allowable u/s 35(2AB
this appeal, reads thus:
(1B) For the purposes of sub-section (2AB) of section 35 , the prescribed authority
shall be the Secretary, Department of Scientific ... application required to be furnished by a company under sub-section
(2AB) of section 35 shall be in Form No. 3CK.
(5A) The prescribed authority
approved R&D unit are eligible for weighted
deduction u/s 35(2AB) .
(ii) The learned AO/DRP erred in stating that
Perlecan ... hence not eligible for weighted deduction u/s
35(2AB) .
9. The learned AO/DRP erred in not allowing the
following expenditure as per Sec
provisions of section
35. Now, whereas in some cases, like those coming under the provisions of sections
35(1)(i) and 35(2AB) , a specific ... previous year and eligible for weighted deduction
under sub-section (2AB) of section 35 of the Income Tax Act, 1961 in Part B of Form
erred in not allowing the weighted deduction under section 35(2AB) of the
Act in respect of certain expenses.
30. The assessee during the year ... same cannot be denied. The relevant portion of Section 35(2AB) reads as
under:-
35[2AB] (1) where a company engaged in the business
assessee first of all read out Sub- section 1 of Section 35(2AB) which is reproduced above and contends as under:
i) Nowhere the provisions ... that the conditions provided in this rule and in Sub-section (2AB) of Section 35 of the Act are fulfilled, pass an order in writing
