2020 (8) TMI 845

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....d to prosecute ground No. 2 and prayed to dismiss the same as not pressed. Accordingly, the ground No. 2 raised by the assessee is dismissed as not pressed. 4. Ground No. 1 is relating to the confirmation of disallowance made u/s. 35(2AB) of the Act to an extent of Rs. 64,13,618/- @ 100% in the facts and circumstances of the case. 5. Heard both parties and perused the material available on record. During the course of assessment proceedings, the Assessing Officer requested the assessee to give details regarding the deduction claimed u/s. 35(2AB) of the Act. The assessee vide reply dated 11-03-2014 furnished the details and copy of approval granted by the Department of Science and Industrial Research (DSIR). We find that the assessee incur....

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....from the DSIR in form No.3CL, there is no merit in the orders of authorities below in denying weighted deduction under section 35(2AB) of the Act. It may further be pointed out that the assessee on a later date had received the said form No.3CL from the DSIR on 08.04.2013. Accordingly, we direct the Assessing Officer to allow weighted deduction at 150% of expenditure incurred in the hands of assessee under section 35(2AB) of the Act. Hence, revised ground of appeal No.1 raised by assessee is allowed." 6. Shri S.P. Walimbe, the ld. DR did not dispute the observation made by the Tribunal in assessee‟s own case for A.Y. 2010-11. Therefore, in view of the above, we hold that the assessee is entitled to claim deduction @ 200% and therefor....

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....irected to give effect thereto. 12. Regarding the disallowance made by the Assessing Officer u/s. 35(1)(iv) of the Act, the contention of ld. AR is that the assessee is entitled to claim deduction @ 200% but however, a mistake crept in claiming the said deduction @ 100%. In our opinion, the view taken by us in the above paragraphs in ITA No. 1803/PUN/2017 is applicable in this appeal also wherein we hold that the assessee is entitled to claim deduction @ 200%  u/s. 35(1)(iv) of the Act. Accordingly, the Assessing Officer is directed to give effect thereto. Thus, ground No. 1 raised by the assessee is allowed. 13. Ground No. 2 is relating to challenging the action of CIT(A) in confirming the addition made by the Assessing Officer u/s.....