2014 (10) TMI 1064

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....amy ORDER PER SAKTIJIT DEY, J.M.: These appeals by the department are against a common order dated 11/03/2014 of the CIT(A)-II, Hyderabad pertaining to AYs 2009-10 and 2010-11. 2. The only issue arising out of the grounds raised by the department in the aforesaid appeals relate to allowance by the CIT(A) of assessee's claim of weighted deduction u/s 35(2AB) on clinical trials outside India. 3....

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....allowed assessee's claim of weighted deduction on such expenditure. Being aggrieved of such disallowance assessee preferred appeal before the CIT(A). The CIT(A) after considering the submissions of the assessee in the context of statutory provision as contained u/s 35(2AB) of the Act, observed that as per the explanation to section 35(2AB) expenditure incurred on clinical drug trials is part of ex....

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....ighted deduction claimed on such expenditure by merely observing that the said expenditure is not included by the prescribed authority. However, on a perusal of the report of the prescribed authority in Form No. 3CL, a copy of which is placed at page 3 of the assessee's paper book, it becomes clear that such expenditure has, in fact, been mentioned in the said report of the prescribed authority. T....