AI Drafter 
TaxTMI 
TaxTMI 
2020 (12) TMI 1154
X X X X Extracts X X X X
X X X X Extracts X X X X
.... against the order dated 12.06.2017 passed by the Commissioner of Income Tax (Appeals)-9, Mumbai [hereinafter referred to as the "CIT(A)"] relevant to the A.Y.2011-12. 3. The revenue has raised the following grounds: - "1 On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in allowing relief to the assessee on account of weighted deduction u/s 35(2AB) even though the application for the Form 3CM was submitted to the DSIR on 18.09.2013 and Form 3CM was valid from 01.04.2013 to 31.03.2016. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in allowing relief to the assessee on account of weighted deduction u/s 35(2AB) without considering the fact that in th....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s business expenses u/s 37. The total disallowance worked out of Rs. 1,78,09,377/- (Rs. 3,56,18,753/- (-) 1,78,09,377/-). Thereafter, the total income of the assessee was assessed in sum of Rs. 8,02,45,520/-. Feeling aggrieved, the assessee filed an appeal before the CIT(A) and the CIT(A) allowed the claim of the assessee, therefore, the revenue has filed the present appeal before us. 5. We have heard the arguments advanced by the Ld. Representative of the parties and perused the record. The Ld. Representative of the revenue has argued that the CIT(A) has wrongly allowed the claim of the assessee, therefore, the finding of the CIT(A) is not justifiable, hence, is liable to be set aside. However, on the other hand, the Ld. Representati....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t with the same in his order and without distinguishing the same he has failed to follow the same. The AR of the appellant has given a comparative study of appellant's case with Meco Instruments P. Ltd, where the honour able IlAT Mumbai, has categorically held as under: "it is clear that merely on the ground of technicalities of procedure, the benefit bestowed by legislature cannot be denied. When it comes to follow the prescribed procedure, the exemption provisions have to be liberally construed and if in substance, the assessee has fulfilled the basic requirements then the exemption cannot be denied." 6.3. I have considered the facts of the case as well as assessment order passed by the AG and the submission....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the prescribed procedure, the exemption provisions have to be liberally construed and if in substance, the assessee has fulfilled the basic requirements then the exemption cannot be denied." After considering the submissions and the explanations and factual narration of the caseby the Ld.AR, the factual analysis regarding the facts and the similarity of ratio of thepresent appellant case i.e, Mega Fine Pharma P Ltd. and the Meco Instruments Pvt. Ltd. can be depicted as under: Issues Facts of Meco Facts of Mega Fine Remark Assessment Year 2005-06 2011-12, 2012-13 & 2013-14 Deduction u/s 35(2AB) Weighted Deduction Claimed Weighted Deduction Claimed Sa....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ially allowed and later disallowed by reopening on a change of opinion. Final Verdict Merely on the grounds of technicalities of procedure, the benefit bestowed by legislature cannot be denied. When it comes to follow the prescribe ed procedure, the exemption provisions have to be liberally construed and if in substance, the assessee has fulfilled the basic requirements then the exemption cannot be denied. Thus, on careful considerations of the facts of Meco Instruments (supra) and the case in hand, it may be found that facts of both the cases are identical and therefore, I am inclined to follow the judgment of Meco Instruments P. Ltd for deciding the allow- ability of weighted deduction claimed ....