2022 (7) TMI 802

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....oner Through : Mr. Satyen Sethi and Mr. Arta Trana Panda, Advocates. Respondents Through: Mr. Naginder Benipal, Senior Panel Counsel for Union of India/Respondent No. 1 along with Mr. Ankit Siwach, Advocate. Ms. Vibhooti Malhotra, Senior Standing Counsel for Revenue along with Mr. Udit Sharma, Advocate. JUDGMENT MANMOHAN, J (Oral): 1. Present writ petitions have been filed seeking dire....

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....d/renewed to Petitioner's in-house R&D units on 30th August, 2017. Further, certificate of registration for availing custom duty exemption to Petitioner's R&D units was granted on 30th August, 2017. The said certificate was valid upto 31st March, 2020. In terms of Rule 6(4), the Petitioner submitted Form 3CK i.e agreement with DSIR for cooperation in R&D facility on 19th February, 2018. DSIR on be....

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....which would result in huge demands. He submits that Section 35(2AB) of the Act provides for weighted deduction of one and one half times (150%) of the expenditure incurred by a company on scientific research on in-house R&D facilities approved by the prescribed authority i.e. DSIR. In support of his submission, he relies upon Rule 6(1B) of the Rules. Further, according to him, Section 35(2AB)(3) p....

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....ter-affidavit filed by him in W.P.(C) No. 3043/2022. The same is taken on record. In the said affidavit, the only defence taken is that DSIR has not initiated the process of issuing Form 3CL to the Petitioner as the High Court in W.P.(C) No. 1772/2018 has not issued any directions to issue the said Form. 6. In rejoinder, learned counsel for Petitioner clarifies that in W.P.(C) No. 1772/2018, th....