2005 (8) TMI 60

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....ed by D.K. Jain C.J.-This, appeal by the Revenue under section 260A of the Income-tax Act, 1961, (for short "the Act"), is directed against order dated December 31, 2004, passed by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, in I.T.A. No. 118(ASR)/1999 pertaining to the assessment year 1985-86. According to the Revenue, the said order gives rise to the following substantial que....

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....the Tribunal (I.T.A. No. 466(ASR)/1989). The Tribunal, vide its order dated September 24, 1993, accepted the contention of the assessee to the effect that, as per the provisions of section 35(3) of the Act, before making any disallowance for the claim made under section 35 (2)(a) of the Act, the question whether the expenditure incurred by the assessee on scientific research actually constituted a....

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....wed the claim subject to the final opinion by the specified authority. Learned counsel asserts that since the opinion of the prescribed authority had not been received even on reference being made by the assessee, the Assessing Officer had no option but to make the disallowance. We are unable to agree with learned counsel. It is manifestly clear from the impugned order that the Tribunal's concl....