2019 (8) TMI 1524

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....de on account of disallowance of deduction u/s 35(2AB) of the Act amounting to Rs. 3,60,18,330/-, claimed by the assessee but not allowed by the DSIR. 2. Whether, On the facts & in the circumstances of the case, the Ld. CIT(A), Aurangabad is justified in interpreting the provisions of section 35(2AB) of the Act and Rule 6 of the Income Tax Rules 1962 in view of the decision of Hon'ble ITAT Hyderabad in the case of Electronics Corporation of India Ltd. (ITA No. 1106/Hyd/2011). 3. On the facts and in the circumstances of the case, the order of the AO be restored and that of the CIT(A)-1 be vacated. 4. The appellant craves leave to add, amend or alter all or any of the Grounds of Appeal." 3. Shri Nikhil Pathak appearing on behalf of....

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.... & D center of the assessee is approved by DSIR. However, the claim of assessee was disallowed by the Assessing Officer on the ground that as against the assessee's claim of weighted deduction of Rs. 9,85,70,330/-, the DSIR has approved Rs. 6,25,52,000/-. The contention of the assessee is that during the period relevant to assessment year under appeal DSIR has no power to quantify the deduction claimed by assessee u/s. 35(2AB). The only requirement is the recognition of R & D facility by DSIR. We find that the issue raised in the appeal is squarely covered by the decision rendered in the case of Cummins India Ltd. Vs. Deputy Commissioner of Income Tax (supra). The Tribunal after considering various decisions has held as under : "45. The i....