2017 (10) TMI 1417 - AT - Income Tax

Tribunal rejects weighted deduction claim under Section 35(2AB) for AY 2011-12

PCP Chemicals (P.) Ltd. Versus Income Tax Officer, 8 (2) (4), Mumbai,

The Tribunal upheld the decision of the CIT(A) to disallow the weighted deduction claimed under Section 35(2AB) for AY 2011-12. The Tribunal emphasized ... Weighted deduction u/s. 35 (2AB) - R&D expenditure incurred by the assessee towards research and development in its in-house R&D - whether Laboratory is Recognized by Department of Scientific & Industrial Research, Government of India? - Held that:- The provisions of section 35(2AB) provides for weighted deduction of 200% on research and development expenditure incurred by the assessee in its in-house R&D facility, if such R&D facility has been prescribed I Rules 6(1B), 6(4), 6(5A) and 6(7A) of the Income-tax Rules, 1962. As per the rules, the assessee has to make an application in prescribed form with necessary evidences along with agreement with the competent authority. The competent authority, having satisfied with the conditions prescribed under the Act, can approve the R&D facility in prescribed form 3CM with intimation to the department through proper channel. In this case, the facts with regard to the assessee's R&D expenditure and recognition from the competent authority are not doubted by the lower authorities. The only dispute is with regard to the period of approval. As per the certificate issued by the competent authority in Form 3CM assessee's R&D facility has been approved for the period from 01- 04-2011 to 31-03-2013 on the basis of application filed by the assessee in prescribed form 3CK on 12-08-2011. Therefore, we are of the view that the assessee is not entitled for weighted deductions towards its R& expenditure for the assessment year under consideration. - Decided against assessee. Issues Involved:1. Disallowance of weighted deduction under Section 35(2AB) of the Income-tax Act.2. Rejection of the claim due to non-compliance with prescribed forms 3CK and 3CM.3. Consideration of R&D expenditure incurred before obtaining the certificate in prescribed forms.4. Rejection of revised return filed under Section 139(5) of the Income-tax Act.Issue-wise Detailed Analysis:1. Disallowance of Weighted Deduction under Section 35(2AB):The primary issue revolves around the disallowance of the weighted deduction claimed by the assessee under Section 35(2AB) of the Income-tax Act, 1961. The assessee argued that its in-house R&D facility was recognized by the Department of Scientific & Industrial Research, Government of India, and thus it was eligible for the weighted deduction. The Assessing Officer (AO) observed that the approval for the R&D facility was granted for the period from 01-04-2011 to 31-03-2013, and since the approval was obtained post the assessment year 2011-12, the weighted deduction claimed for AY 2011-12 was disallowed. The AO emphasized that the approval by the prescribed authority is mandatory for claiming the deduction, and post-facto compliance is not permitted under Section 35(2AB).2. Rejection of Claim Due to Non-compliance with Prescribed Forms:The Commissioner of Income Tax (Appeals) [CIT(A)] upheld the AO’s decision, noting that the assessee's R&D facility was approved by the competent authority from 01-04-2011 onwards, based on an application filed in Form 3CK dated 12-08-2011. The CIT(A) concluded that since the approval was effective from 01-04-2011, the assessee was not eligible for the weighted deduction for AY 2011-12. The CIT(A) also differentiated the facts of the present case from those in the case law cited by the assessee, particularly Claris Lifesciences Ltd v. CIT and Sandan Vikas India Ltd v. CIT, stating that the case laws relied upon by the assessee were not applicable to the present facts.3. Consideration of R&D Expenditure Incurred Before Obtaining the Certificate:The assessee contended that the date of approval should not be material if the R&D facility is recognized by the competent authority. The assessee argued that its R&D facility had been recognized, and the formal approval was a mere formality, thus it should be eligible for the weighted deduction for the R&D expenditure incurred in AY 2011-12. However, the Tribunal, after reviewing the provisions of Section 35(2AB) and relevant rules, concluded that the assessee was not entitled to the weighted deduction for the assessment year under consideration since the approval was granted for a period starting from 01-04-2011, which falls under AY 2012-13.4. Rejection of Revised Return Filed Under Section 139(5):The assessee also challenged the rejection of its revised return filed under Section 139(5) of the Income-tax Act, which was intended to correct an error in the computation of adding back capital expenditure to the net profit. The assessee claimed that the capital expenditure was never debited to the Profit & Loss Account, and there was an error in claiming depreciation in the original return. However, during the hearing, the assessee's representative did not press this ground, leading to its dismissal as 'not pressed.'Conclusion:The Tribunal upheld the order of the CIT(A), confirming the disallowance of the weighted deduction claimed under Section 35(2AB) for AY 2011-12. The Tribunal agreed that the approval date and period specified by the competent authority are crucial for claiming the deduction, and since the approval was effective from 01-04-2011, the assessee was not eligible for the deduction for the earlier period. The appeal filed by the assessee was dismissed in its entirety.