2018 (10) TMI 610

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....PARKAR (6851) ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Tax Appeal is ADMITTED for consideration of following substantial questions of law. "(1) Whether on the facts and in circumstances of the case, the learned ITAT has erred in law and on facts in setting aside part relief given by the CIT(A) in respect of 0% OFCD by 1%, on account of country and foreign exchange....

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.... in deleting the disallowance of expenses incurred by the assessee on behalf of M/s.Sun Pharmaceutical Industries of which the assessee is a partner, without appreciating that the Assessing Officer had clearly established that the assessee was not entitled to claim deduction u/s. 37(1) of the Act ? 2. We notice that the Revenue has suggested following additional questions: "(1) Whether....

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....in law and on facts innot setting aside the relief given by the CIT (A) on the issue of disallowance of R&D expenditure after excluding export turnover for the purpose of computing allocation of R& D expenses, without proper appreciation of the issues involved, which have been discussed in detail by the Assessing Officer, in the assessment order? (4) Whether on the facts and in circumstan....

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.... as question( 2) is concerned, the same was examined by this Hon'ble Court in Tax Appeal No.312 of 2018 and not entertained. 5. Questions( 3) and (4) though pertained to distinct figures of deduction claimed by the assessee by very nature, their considerations overlap. They both pertained to assessee's claim of weighted deduction under section 35(2AB) of the Act for setting up inhouse R....