ACCUSTER TECHNOLOGIES PRIVATE LIMITED,DELHI vs. WARD 1(1), DELHI, NEW DELHI

At the very outset, the ld. counsel for the assessee vehemently stated that the ld. CIT(A) has passed an ex parte order u/s 250 of the Income-tax Act, 1961 [the Act, for short] rejecting the claim of the assessee u/s 35(2AB) at Rs. 1,54,98,219/- is bad in law and against the facts of the case. It is the say of the ld. counsel for the assessee that the ld. CIT(A) was not justified in not appreciating that the assessee had duly submitted an application dated 12.06.2017, vide Ref. No. ACC/12- 1/2017, to the Ministry of Science & Technology, Department of Scientific and Industrial Research, Technology Bhawan, for obtaining Form 3CM. The said application was never rejected by the DSIR, and therefore, the assessee was prevented by a sufficient cause and was under the bona fide belief that the application was valid and in order.

The ld. counsel for the assessee continued by saying that the assessee was under a bonafide belief that submission of application before DSIR dated 12.06.2017 along with "Renewal Certificate" dated 08.11.2017 was sufficient for claiming relief under section 35(2AB), and that there was no requirement to resubmit the same documents.

On the other hand, the ld. DR fairly conceded to the above prayer of the ld. counsel for the assessee and raised no serious objection.

After hearing both the sides and considering the above facts and circumstances, in the interest of natural justice and fair play, we deem it fit to restore the matter back to the file of the ld. CIT(A) to decide the issues afresh after allowing adequate opportunity of being heard to the assessee. The assessee is also directed to provide necessary information /documents as required by the authorities. allowed for statistical purposes.