ARRDY ENGINNERING INNOVATIONS (P) LTD,ROURKELA vs. THE ACIT, CIRCLE - 3(1), VISAKHAPATNAM., VISAKHAPATNAM

ITA 432/VIZ/2012Status: DisposedITAT Visakhapatnam28 February 2024AY 2007-2008Bench: SHRI DUVVURU RL REDDY, HON’BLE (Judicial Member), SHRI S BALAKRISHNAN, HON’BLE (Accountant Member)11 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the actual expenditure incurred for in-house R&D facility, as certified by the Ministry of Science and Technology, should be allowed as a deduction. The weighted deduction was disallowed, but the normal deduction was granted.

What were the facts?

The assessee claimed weighted deduction under Section 35(2AB) for R&D expenditure. The AO rejected this claim, stating the expenditure was not incurred at the approved address. The CIT(A) partly allowed the appeal.

What were the issues?

Whether the weighted deduction under Section 35(2AB) is allowable when R&D expenditure was incurred at a different location than the approved address. Whether normal deduction under Section 35(1) is allowable for R&D expenditure.

Which sections of the Income-tax Act were involved?

Section 35(2AB),Section 35(1)(i),Section 35(1)(iv),Section 35(2)(ia)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI DUVVURU RL REDDY, HON’BLE & SHRI S BALAKRISHNAN, HON’BLE

For Respondent: Dr. Aparna Villuri, Sr. AR
Hearing: 07/02/2024

PER S. BALAKRISHNAN, Accountant Member :

Both the captioned appeals are filed by the assessee against the orders of the Ld. Commissioner of Income Tax (Appeals), Visakhapatnam in ITA Nos. 255/09-10/ACIT, Cir-3(1)/Vsp/12-13 and 256/09-10/Addl. CIT, R-3/VSP/12-13,dated

2 28/09/2012arising out of the order passed U/s. 143(3) r.w.s 147

of the Income Tax Act, 1961 [the Act] for

The order continues below.

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