2010 (11) TMI 42

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....Assessing Officer to restrict the allowance of weighted deduction u/s 35(2AB) of the Income Tax Act with reference to the expenditure incurred from the date of Notification of the Board, viz., from 21.9.2004 and to reconcile the difference between the amount added back by the assessee in the computation of total income and the amount of expenditure taken for the purposes of deduction u/s 35(2AB) of the Act? ii) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in ignoring the letter of the Department of Scientific and Industrial Research dated 11.8.2005 addressed to the assessee wherein it has been clearly mentioned that for the year 2004-05 the R and D expenditure incurred after 21.9.20....

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....ble for weighted deduction, the Tribunal while setting aside the order of the Commissioner of Income Tax relied upon the decision of the Gujarat High Court reported in (2010) 326 ITR 251 (Guj), Commissioner of Income-Tax v. Claris Life sciences Limited. 4. In the said decision, the Division Bench of the Gujarat High Court noted the facts which are almost identical to the facts involved in the case on hand. The Division Bench of the Gujarat High Court has further noted that DSIR in its approval letter dated 27.2.2001 by way of Note mentioned that the facility approved for the purpose of section 35AB(2) was from February 27, 2001 till March 31,2003. However, the assessee in the return claimed weighted deduction under the said provision at on....