MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

ITA 961/DEL/2015Status: DisposedITAT Delhi09 February 2023AY 2010-1197 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the disallowance of R&D expenditure under Section 35(2AB) was partly allowed, directing the Assessing Officer to verify the approval for the R&D facility, even if signed by an officer other than the Secretary, DSIR. The Revenue's appeal was dismissed.

What were the facts?

The assessee, Maruti Suzuki India Ltd., filed an appeal against the assessment order for AY 2010-11. The primary dispute revolved around the disallowance of certain statutory duties/taxes claimed as deductions under Section 43B and the disallowance of R&D expenditure under Section 35(2AB).

What were the issues?

Whether statutory duties/taxes paid were deductible under Section 43B, and whether R&D expenditure was eligible for deduction under Section 35(2AB) despite issues with the approval certificate's signatory.

Which sections of the Income-tax Act were involved?

Section 43B,Section 35(2AB),Section 14A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(30)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, DELHI “I” BENCH: NEW DELHI

Before: SHRI SHAMIM YAHYA & SHRI KUL BHARAT

For Appellant: Shri Ajay Vohra, Sr.Adv, Shri Neeraj Jain, Adv. &, Ms. Tejasvi Jain & Ms. Somya Jain, CA
For Respondent: Shri G.C.Srivastava, Adv, Shri Kalrav Mehrotra, Adv. &, Shri Mayank Patawari, CA
Hearing: 11.11.2022Pronounced: 09.02.2023

PER KUL BHARAT, JM : The present cross appeals filed by the assessee and the Revenue for the assessment year 2010-11 are directed against the order of Ld. DCIT, Circle- 16(1), New Delhi dated 20.01.2015. Both cross-appeals filed by the assessee and the Revenue are being disposed off by way of this consolidated order for the sake of brevity and convenience.

ITA No.961/Del/2015 [Assessment Year : 2010-11

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 43B

All 7,161 judgments and leading authorities on Section 43B →

Recent GST High Court judgments

Search GST case law →