BOTIL OIL TOOLS (I) PVT. LTD.,NEW DELHI vs. PR. CIT- 2, NEW DELHI
What did the Tribunal hold?
The Tribunal restored the issue to the file of the Pr. CIT for fresh adjudication. This was done to allow the Pr. CIT to verify the conditions for claiming the weighted deduction under Section 35(2AB) and to provide the assessee with a due opportunity of being heard.
What were the facts?
The assessee claimed a deduction under Section 35(2AB) for R&D expenditure. The Assessing Officer allowed this deduction without sufficient verification, particularly regarding mandatory forms like 3CM and 3CL, and the treatment of sold assets. The Principal CIT (Pr. CIT) found the assessment order erroneous and prejudicial to revenue.
What were the issues?
Whether the deduction claimed under Section 35(2AB) was erroneously allowed by the Assessing Officer due to lack of proper verification of mandatory conditions and forms. Whether the Pr. CIT was justified in invoking Section 263 to revise the assessment order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH, ‘A’: NEW DELHI
Before: SHRI R.K. PANDA & Ms. SUCHITRA KAMBLE
per fact and law after giving due opportunity of being heard to the assessee.
We hold and direct accordingly. The grounds raised by the assessee, are accordingly, allowed for statistical purposes.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Oder pronounced in the open court at the time of hearing itself i.e. on 08/03/2021.
More judgments on Section 35(2AB)
- Aeon Formulations Private Limited, Chennai vs Income Tax Officer, Corporate Ward 2(1)…ITA 2481/CHNY/2026[2018-19]Status: Disposed12 Oct 2026AY 2018-19
- Devarsons Industries Pvt.Ltd., Ahmedabad vs The D.C.I.T. Circle-1(1)(1), AhmedabadITA 2327/AHD/2026[2018-19]Status: Disposed29 Sept 2026AY 2018-19
- Ceat Limited, Mumbai vs Assisstant Commissioner of Income-Tax…ITA 8146/MUM/2025[2020-21]Status: Disposed29 Sept 2026AY 2020-21
- Forbes Marshall Pvt. Ltd., Pune vs Income Tax Officer Circle 8, PuneITA 3206/PUN/2025[2017-18]Status: Disposed28 Sept 2026AY 2017-18
- Pochjraja Industries Ltd., Hosur vs ACIT, Circle-1, HosurITA 1072/CHNY/2025[2013-14]Status: Disposed23 Sept 2026AY 2013-14
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