CIT v. Claris Lifesciences Ltd.

326 ITR 251High Court2010#476 most cited

What is CIT v. Claris Lifesciences Ltd. authority for?

If approval from the Department of Scientific and Industrial Research (DSIR) for an in-house R&D centre is granted during the previous year, the assessee is entitled to claim weighted deduction under section 35(2AB) for the entire expenditure incurred during that year.

196

judgments rely on this decision, according to BharatTax’s citation analysis of 366,418 Indian tax judgments — from 2011 to 2026.

Also referred to as

CIT v. Claris Lifesciences Ltd. · 326 ITR 251 · Section 35(2AB) · weighted deduction · scientific research expenditure · R&D centre approval · DSIR approval timing · eligibility for entire expenditure · in-house R&D · previous year expenditure

Also reported as

174 Taxmann 11320 Taxmann.com 682

Sections most often in play

Section 35(2AB)Section 143(3)Section 14ASection 115JBSection 142(1)Section 143(2)Section 37(1)Section 8D

Issues it is cited on

scientific research expenditureweighted deductionsection 35(2ab)r&d expendituresection 35(1)section 35depreciation on goodwillsection 80icadditional depreciationsection 32(1)section 80ibsection 40(a)(i)

Judgments citing CIT v. Claris Lifesciences Ltd.

Intas Pharmaceuticals Ltd., Ahmedabad vs. The DCIT, Circle-2(1)(1), Ahmedabad

Accordingly, this ground raised by the Revenue is dismissed

ITA 222/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad21 May 2025AY 2015-16

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

Section 115JSection 142(1)Section 143(2)Section 143(3)Section 144CSection 14ASection 35Section 36(1)(iii)Section 37Section 92C

…as placed on the decisions of the Coordinate Bench in assessee’s own case for A.Ys. 2013–14 and 2014–15 in ITA No. ITA No.281 and 222/Ahd/2021 18 400/Ahd/2018, as well as on the decisions of the Hon’ble Gujarat High Court in Claris Lifesciences Ltd. [(2010) 326 ITR 251 (Guj)] and Cadila Healthcare Ltd. [(2013) 31 taxmann.com 300 (Guj)]. 23. In the said decision in assessee’s own case, the Co-ordinate Bench has extensively examined the scope of DSIR’s authority, the applicability of Rule 6(7A), and the evidentiary value of Form 3CL. It has been held that the Form 3CL merely reflects intimation of cost of in-hou…

Rrb Energy Ltd., New Delhi vs. Addl. CIT, Range- 15, New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 4104/DEL/2017[2011-12]Status: DisposedITAT Delhi09 May 2025AY 2011-12

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 253(5)Section 35

…bed time and the appeal is hereby admitted and is being decided accordingly. 8. The Ld. Counsel contended that the Ld. CIT(A) had missed a vital direction in the order. According to the Ld. Counsel, the decision in the case of Claris Lifesciences Ltd. (2010) 326 ITR 251 (Guj.), the context of the dates from which the expenditure eligible for weighted deduction had to be considered. The fact that the judgment also says that the totality of the expenditure incurred by the assessee on scientific research would qualify for weighted deduction under section 35(2AB) of the Act. The relevant part of the decision in the…

M/S. Ashok Leyland Ltd., Chennai vs. DCIT, Ncc-8(1), Ltu-II, Chennai

In the result, the appeal of the assessee is partly allowed

ITA 2379/CHNY/2024[2012-13]Status: DisposedITAT Chennai12 Feb 2025AY 2012-13

Bench: Shri Aby T. Varkey & Shri Amitabh Shukla

For Appellant: Mr.R. VijayaraghavanFor Respondent: Mr.Nathala Ravi Babu, CIT
Section 14A

…on page 12 - ACIT vs. v. Crompton Greaves Ltd. [2019] 111 taxmann.com 338 ACIT vs. v. Crompton Greaves Ltd. [2019] 111 taxmann.com 338 ACIT vs. v. Crompton Greaves Ltd. [2019] 111 taxmann.com 338 (Mumbai - Trib.) Trib.) - CIT v. M/s. Wheels India Ltd. [2011] 336 ITR 513 (Madras) CIT v. M/s. Wheels India Ltd. [2011] 336 ITR 513 (Madras) CIT v. M/s. Wheels India Ltd. [2011] 336 ITR 513 (Madras) ITA No. ITA No. 2379 /Chny/2024 (AY2012-13) M/s. Ashok Leyland Ltd. M/s. Ashok Leyland Ltd. :: 14 :: - Brakes India Limited vs. DCIT [2017] 56 ITR(T) 341 Brakes India Limited vs. DCIT [2017] 56 ITR(T) 341 (Chennai (Chenna…

M/S. Trivitron Healthcare Pvt. Ltd., Chennai vs. PCIT, Chennai-3

In the result, the appeal filed by the assessee is partly

ITA 1745/CHNY/2024[2018-19]Status: DisposedITAT Chennai05 Dec 2024AY 2018-19
For Appellant: Shri. S. Sridhar, AdvocateFor Respondent: Shri. M. Murali, CIT
Section 115JSection 143(3)Section 263Section 35

…tly followed in many other decisions of the same Bench. Further, the Hon'ble Delhi High Court in case of CIT vs. Sandan Vikar (India) Ltd. (335 ITR 117) following the decision of the Hon'ble Gujarat High Court in the case of CIT vs. Claris Life Sciences Ltd. (326 ITR 251) approved the view of the Tribunal that once the R & D facility is approved, the entire expenditure incurred for R & D facility has to be allowed towards weighted deduction u/s. 35(2AB) of the Act. The ratio laid down by the ITAT Mumbai Bench and the Hon'ble Delhi High Court in the decisions referred herein above squarely apply to the facts of th…

Kaisha Lifesciences Private Limited, Mumbai vs. Deputy Commissionr of Income Tax, Circle 3(2)(1), Mumbai

In the result, the appeal by the assessee is allowed

ITA 4311/MUM/2023[2020-21]Status: DisposedITAT Mumbai24 Oct 2024AY 2020-21

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhail

For Appellant: Shri Rahul SardaFor Respondent: Shri Manoj Kumar Sinha, Sr. AR
Section 142(1)Section 143(2)Section 143(3)Section 144BSection 250Section 35Section 68

…nition. It was further held that if a R&D Centre is not recognised it is not entitled to a deduction but if it is recognised, it is entitled to the benefit. 14. Similarly, the Hon’ble Gujarat High Court in CIT v/s Claris Lifesciences Ltd, reported in [2010] 326 ITR 251 (Guj.) held that since the approval is granted during the previous year relevant to the assessment year in Kaisha Lifesciences Pvt. Ltd. question, the assessee is entitled to claim weighted deduction in respect of the entire expenditure incurred under section 35(2AB) of the Act by the assessee. The relevant findings of the Hon’ble Gujarat High Co…

ACIT, Mumbai vs. Lupin Limited, Mumbai

In the result, appeal of the revenue is dismissed

ITA 4325/MUM/2024[2014-15]Status: DisposedITAT Mumbai11 Oct 2024AY 2014-15

Bench: Shri Narendra Kumar Billaiya, Hon'Ble & Shri Raj Kumar Chauhan, Hon'Bleι.Τ.Α. No. 4325/Mum/2024

For Appellant: Shri Rajan Vora, A/RFor Respondent: Shir Lieder Panicker, Sr.D/R
Section 10ASection 115JSection 143(3)Section 154Section 35Section 37(1)Section 40Section 80I

…uld be entitled to weighted deductions of the aforesaid expenditure incurred by the assessee in terms of the s. 35(2AB) of the Act and in coming to this conclusion, the Tribunal relied upon the judgment of Gujarat High Court in CIT v. Claris Lifesciences Ltd. 326 ITR 251 (Guj). In its decision the Hon'ble Gujarat High Court had held that the cut-off date mentioned in the certificate issued by the DSIR would be of no relevance. What is to be seen is that the assessee was in indulging in R&D activity and had incurred the expenditure thereupon. Once a certificate by DSIR is issued, that would be sufficient to hold t…

Renu Electronics Pvt. Ltd., Pune vs. ACIT, Circle 5, Pune

In the result, appeal filed by the assessee is allowed

ITA 132/PUN/2024[2017-18]Status: DisposedITAT Pune20 Sept 2024AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.132/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Renu Electronics Pvt. Ltd., Vs. Acit, Circle-5, Pune. S.No.2/6, Near Baner Telephone Exchange, Baner, Pune- 411045. Pan : Aaacr8741G Appellant Respondent Assessee By : Shri Nikhil S. Pathak Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 25.06.2024 Date Of Pronouncement : 20.09.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1] The Learned Cit(A) Erred In Confirming The Disallowance Of Weighted Deduction Amounting To Rs.9,25,79,494/- U/S 35(2Ab) Of The Act. 2] The Learned Cit(A) Erred In Holding That The Assessee Company Was Not Entitled To Claim Weighted Deduction U/S 35(2Ab) Since Form No. 3Cla Was Filed By The Assessee Beyond The Due Date Specified U/S 139(1) Of The Act.

For Appellant: Shri Nikhil S. PathakFor Respondent: Shri Ajay Kumar Keshari
Section 139(1)Section 143(2)Section 35Section 37(1)

…ai Trib.)  CIT Vs Lucknow Public Educational Society - (2009) 183 taxmann 62 (Allahabad HC)  DCIT vs. Sankalp International ITA No. 504/JP/2017  Pr. CIT Vs. Surya Merchang Ltd- (2016) 72 taxmann.com 16 (Allahabad HC)  CIT Vs. Clans Lifesciences Ltd (2010) 326 ITR 251 (Gujarat)  CIT Vs. Sandan Vikas (India) Ltd- (2011) 335 ITR 117 (Delhi)  Strides Shasun Limited Vs. ACIT- ITA No. 8614/Mum/2011  Cummins India Ltd vs. DCIT Circle 1(1)- ITA No. 309/Pun/2014  Hon'ble High Court of Karnataka in the case of Tejas Networks Ltd vs. DCIT (2015) 233 taxmann 426  Johnson Controls Hitachi Air Conditioning India Ltd V…

Ind Swift Laboratories Ltd., Chandigarh vs. DCIT, Circle 1(1), Chandigarh

In the result, the appeal is allowed, as indicated

ITA 350/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh04 Jun 2024AY 2017-18

Bench: SHRI A.D.JAIN (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

For Appellant: Shri T.N.Singla, C.AFor Respondent: Shri Rohit Sharma, CIT-DR
Section 250Section 35Section 35(1)Section 35(1)(i)Section 35(2)

…nd the intention of the Legislature by making the amendment was very clear that the entire expenditure incurred by the assessee on development of the facility had to be allowed for the purpose of weighted deduction. 60.7 In ‘CIT vs Claris Lifesciences Ltd.’ 326 ITR 251, the Hon'ble Gujrat High Court observed that the Tribunal had considered R.6(5) and Form No. 3CM and concluded that a plain and harmonious reading of the Rule and the Form clearly suggested that once the facility was approved, the entire expenditure so incurred on development of research and ITA 350/CHD/2023 A.Y. 2017-18 91 development facilit…

The Asstt. Commissioner of Income Tax, Circle 2 (1)(1), Ahmedabad vs. M/S. Intas Pharmaceuticals Limited, Ahmedabad

In the result, both the appeals filed by the Assessee as well as Revenue are partly allowed for statistical purpose

ITA 2128/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad15 May 2024AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2012-13

Section 35

…ITA Nos.1787 & 2128/Ahd/2017 Assessment Year: 2012-13 Page 1 of 18 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH, AHMEDABAD BEFORE Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER Assessment Year: 2012-13 Intas Pharmaceuticals Limited, The Assistant Commissioner of 203, Chinubhai Center, Income Tax, Off Nehru Bridge, Circle – 2(1)(1), Ashram Road, Vs. Ahmedabad. Ahmedabad – 380 006. [PAN – AAACI 5120 L] Assessment Year: 2012-13 The Assistant Commissioner of Intas Pharmaceuticals Limited, Income Tax, 203, Chinubhai Center, Circle – 2(1)(1), Off Nehru Bridge, Ahmedabad. A…

Intas Pharmaceuticals Ltd., Ahmedabad vs. The Asstt. Commissioner of Income Tax, Circle 2 (1)(1), Ahmedabad

In the result, both the appeals filed by the Assessee as well as Revenue are partly allowed for statistical purpose

ITA 1787/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad15 May 2024AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2012-13

Section 35

…ITA Nos.1787 & 2128/Ahd/2017 Assessment Year: 2012-13 Page 1 of 18 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH, AHMEDABAD BEFORE Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER Assessment Year: 2012-13 Intas Pharmaceuticals Limited, The Assistant Commissioner of 203, Chinubhai Center, Income Tax, Off Nehru Bridge, Circle – 2(1)(1), Ashram Road, Vs. Ahmedabad. Ahmedabad – 380 006. [PAN – AAACI 5120 L] Assessment Year: 2012-13 The Assistant Commissioner of Intas Pharmaceuticals Limited, Income Tax, 203, Chinubhai Center, Circle – 2(1)(1), Off Nehru Bridge, Ahmedabad. A…

Mankind Pharma Limited, Delhi vs. DCIT, Circle-1(1)(1), Meerut

In the result, the additional Ground No

ITA 2313/DEL/2022[2018-19]Status: DisposedITAT Delhi01 May 2024AY 2018-19

Bench: Shri Challa Nagendra Prasad & Shri Pradip Kumar Kedia

For Appellant: Shri Gaurav Jain, AdvFor Respondent: Shri Rajesh Kumar, CIT (DR)
Section 143(3)Section 144BSection 144C(13)Section 153(3)Section 270ASection 35Section 80GSection 80I

…urpose of claiming deduction of weighted amount if the R&D Centre is approved for this purpose. To buttress such proposition, the ld. counsel relied upon the judgment delivered by the Hon’ble High Courts in the case of CIT vs. Claris Lifesciences Ltd., (2010) 326 ITR 251 (Guj.); CIT vs. Sandan 37 I.T.A. No.2313/Del/2022 Vikas (India) Ltd., 335 ITR 117 (Del.) and Co-ordinate Bench of Tribunal in the case of DCIT vs. Force Motors Ltd., (2021) 133 taxmann.com 71 (Pune-Trib.); Minilec India (P.) Ltd vs. ACIT, (2018) 93 taxmann.com 213 (Pune-Trib.); Provimi Animal Nutrition India Pvt. Ltd. vs. PCIT, (2021) 24 taxman…

Lupin Ltd., Mumbai vs. The Dy CIT, Circle-3(4), Mumbai

In the result, the appeal of the assessee in I

ITA 77/MUM/2021[2013-14]Status: DisposedITAT Mumbai18 Mar 2024AY 2013-14

Bench: Shri Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am

For Appellant: Shri Rajan Vora, Shri PranayFor Respondent: Ms. Manju Thakur, Sr. DR
Section 10ASection 115JSection 143(3)Section 154Section 271(1)(c)Section 37(1)

…uld be entitled to weighted deductions of the aforesaid expenditure incurred by the assessee in terms of the s. 35(2AB) of the Act and in coming to this conclusion, the Tribunal relied upon the judgment of Gujarat High Court in CIT v. Claris Lifesciences Ltd. 326 ITR 251 (Guj). In its decision the Hon'ble Gujarat High Court had held that the cut-off date mentioned in the certificate issued by the DSIR would be of no relevance. What is to be seen is that the assessee was in indulging in R&D activity and had incurred the expenditure thereupon. Once a certificate by DSIR is issued, that would be sufficient to hold t…

Asstt. CIT -Circle-3(4), Mumbai vs. M/S. Lupin Ltd., Mumbai

In the result, the appeal of the assessee in I

ITA 1241/MUM/2021[2013-14]Status: DisposedITAT Mumbai18 Mar 2024AY 2013-14

Bench: Shri Pavan Kumar Gadale, Jm & Ms Padmavathy S, Am

For Appellant: Shri Rajan Vora, Shri PranayFor Respondent: Ms. Manju Thakur, Sr. DR
Section 10ASection 115JSection 143(3)Section 154Section 271(1)(c)Section 37(1)

…uld be entitled to weighted deductions of the aforesaid expenditure incurred by the assessee in terms of the s. 35(2AB) of the Act and in coming to this conclusion, the Tribunal relied upon the judgment of Gujarat High Court in CIT v. Claris Lifesciences Ltd. 326 ITR 251 (Guj). In its decision the Hon'ble Gujarat High Court had held that the cut-off date mentioned in the certificate issued by the DSIR would be of no relevance. What is to be seen is that the assessee was in indulging in R&D activity and had incurred the expenditure thereupon. Once a certificate by DSIR is issued, that would be sufficient to hold t…

Lupin Ltd., Mumbai vs. The Dy CIT, Circle-3(4), Mumbai

In the result, all the appeals of the assessee and revenue are treated as partly allowed

ITA 1921/MUM/2020[2010-11]Status: DisposedITAT Mumbai25 Jan 2024AY 2010-11

Bench: Shri B.R. Baskaran (Am) & Shri Pavan Kumar Gadale (Jm)

…uld be entitled to weighted deductions of the aforesaid expenditure incurred by the assessee in terms of the s. 35(2AB) of the Act and in coming to this conclusion, the Tribunal relied upon the judgment of Gujarat High Court in CIT v. Claris Lifesciences Ltd. 326 ITR 251 (Guj). In its decision the Hon'ble Gujarat High Court had held that the cut-off date mentioned in the certificate issued by the DSIR would be of no relevance. What is to be seen is that the assessee was in indulging in R&D activity and had incurred the expenditure thereupon. Once a certificate by DSIR is issued, that would be sufficient to hold t…

Southern Petrochemical Industries Corporation Ltd., Chennai vs. ITO, Chennai

Appeal stands dismissed

ITA 84/CHNY/2023[2008-09]Status: DisposedITAT Chennai10 Jan 2024AY 2008-09

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.84/Chny/2023 (िनधा)रण वष) / Assessment Year: 2008-09) M/S. Southern Petrochemical Income Tax Officer बनाम Industries Corporation Limited Corporate Ward-3(1) 88, Spic House, Mount Road, Guindy, Chennai-600 034. / Vs. Chennai-600 032. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacs-4668-K (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri R. Vijayaraghavan & Shri Saroj Kumar Parida (Advocates)-Ld. Ars " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) & Shri Ar V Sreenivasan (Addl. Cit)-Ld. Drs सुनवाईकीतारीख/Date Of Hearing : 16-10-2023 घोषणाकीतारीख /Date Of Pronouncement : 10-01-2024 आदेश / O R D E R

For Appellant: Shri R. Vijayaraghavan & Shri Saroj KumarFor Respondent: Shri Nilay Baran Som (CIT) &
Section 115JSection 143(3)Section 14ASection 35Section 35(3)Section 43B

…weighted deduction of 50% of expenditure incurred in the inhouse R&D facility of the Appellant approved by the DSIR. 5.2 Appellant relies on the following among other decisions: Eicher Motors Ltd v CIT - 398 ITR 51 Del CIT Vs. Claris Lifesciences Ltd. (2010) 326 ITR 251 (Guj) CIT Vs. Sandan Vikas (India) Ltd. (2011) 335 ITR 117 (Del) Banco Products (India) Ltd. vs. DCIT 405 ITR 318 Guj. CIT v BIOCON Ltd - 234 TAXMAN 0604 (Kar). 5.3 Without prejudice no disallowance u/s 35(2AB) can be made without reference to the Appropriate Authority u/s 35(3). 6.1 The CIT(A) /NFAC erred in confirming the disallowance of Rs.9,9…

Southern Petrochemical Industries Corporation Ltd., Chennai vs. ITO, Chennai

The appeal stands partly allowed in terms of our above order

ITA 210/CHNY/2023[2007-08]Status: DisposedITAT Chennai10 Jan 2024AY 2007-08

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.210/Chny/2023 (िनधा)रण वष) / Assessment Year: 2007-08) M/S. Southern Petrochemical Income Tax Officer बनाम Industries Corporation Limited Corporate Ward-3(1) 88, Spic House, Mount Road, Guindy, Chennai-600 034. / Vs. Chennai-600 032. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacs-4668-K (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri R. Vijayaraghavan & Shri Saroj Kumar Parida (Advocates)-Ld. Ars " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) & Shri Ar V Sreenivasan (Addl. Cit)-Ld. Drs सुनवाईकीतारीख/Date Of Hearing : 16-10-2023 घोषणाकीतारीख /Date Of Pronouncement : 10-01-2024 आदेश / O R D E R

For Appellant: Shri R. Vijayaraghavan & Shri Saroj KumarFor Respondent: Shri Nilay Baran Som (CIT) &
Section 115JSection 143(3)Section 28Section 36(1)(vii)

…ed that the R&D facility of the appellant was already approved by the Competent Authority and the initial recognition was further extended till 31 march 2009 on 01.06.2006. 4.2 The appellant relies on the following decisions: CIT Vs Claris Lifesciences Ltd - -326 ITR 251 (Guj) Wheels India Ltd - 336 ITR 513 (Mad) Cadilia Healthcare Ltd Vs Addl.CIT - 2012-TIOL-366-ITAT-Ahm 5. The CIT(A) / NFAC erred in confirming the disallowance of contingent liability towards electricity tax of Rs.41,02,663/- and power generation tax of Rs.40,22,468/- under normal provisions and u/s 115JB. 5.1 The CIT(A) I NFAC ought to have app…

Srf Limited, Delhi vs. ACIT, Circle- 1, Ltu, New Delhi

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 6252/DEL/2019[2015-16]Status: DisposedITAT Delhi20 Nov 2023AY 2015-16

Bench: Shri N.K.Billaiya & Shri Kul Bharat[Assessment Year : 2015-16] Srf Limited, Vs Acit, The Galleria, Dlf Mayur Vihar, Circle-1, Ltu, Unit No.236 & 237, Second Floor, New Delhi. Mayur Place, Noida Link Road, Mayur Vihar, Phase-I Extn., Delhi-110091. Pan-Aaacs0206P Appellant Respondent Appellant By Shri Pradeep Dinodia, Ca, Shri R.K.Kapoor, Adv. & Shri Harish Dhamija, Adv. Respondent By Shri Subhra Jyoti Chakraborty, Cit Dr Date Of Hearing 26.10.2023 Date Of Pronouncement 20.11.2023 Order

Section 115JSection 143(3)Section 234CSection 250(6)Section 271(1)(c)Section 35

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “G” BENCH: NEW DELHI BEFORE SHRI N.K.BILLAIYA, ACCOUNTANT MEMBER & SHRI KUL BHARAT, JUDICIAL MEMBER [Assessment Year : 2015-16] SRF Limited, vs ACIT, The Galleria, DLF Mayur Vihar, Circle-1, LTU, Unit No.236 & 237, Second Floor, New Delhi. Mayur Place, Noida Link Road, Mayur Vihar, Phase-I Extn., Delhi-110091. PAN-AAACS0206P APPELLANT RESPONDENT Appellant by Shri Pradeep Dinodia, CA, Shri R.K.Kapoor, Adv. & Shri Harish Dhamija, Adv. Respondent by Shri Subhra Jyoti Chakraborty, CIT DR Date of Hearing 26.10.2023 Date of Pronouncement 20.11.2023 ORDER PER KUL BHARAT, JM :…

Sandhar Technologies Ltd., New Delhi vs. DCIT, Circle Ltu-1, New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 8160/DEL/2018[2013-14]Status: DisposedITAT Delhi23 Oct 2023AY 2013-14

Bench: SHRI KUL BHARAT (Judicial Member), SHRI M.BALAGANESH (Accountant Member)

Section 143(3)Section 35

…to weighted deductions of the aforesaid expenditure incurred by the assessee in terms of the Section 35(2AB) of the Act and in coming to this conclusion, the Tribunal has relied upon the judgment of Gujarat High Court in CIT v. Claris Lifesciences Ltd. [2010] 326 ITR 251/[2008] 174 Taxman 113. We have gone through the aforesaid judgment of the Gujarat High Court and find that Gujarat High Court detailed in no-uncertain terms that the cut-off date mentioned in the certificate issued by the DSIR would be of no relevance. What is to be seen is that the assessee was in indulging in R&D activity and had incurred the e…

Asst Comm of Income Tax-2(2)(1), Mumbai vs. M/S. Medley Pharmaceuticals Ltd., Mumbai

In the result, all the appeals of the assessee are partly allowed and all the appeals of the Revenue are dismissed

ITA 306/MUM/2023[2018-19]Status: HeardITAT Mumbai28 Jun 2023AY 2018-19
Section 14ASection 33Section 35Section 80I

…have the power of set aside and CIT (A) did not allow the claim u/s 35(2AB) but u/s 37(1). Before us ld. Counsel submitted that now this issue stands covered by the decision of the Hon’ble Gujarat High Court in the case of Claris Life Science Ltd reported in 326 ITR 251 and Delhi High Court in the case of Sadan Vikas India Ltd reported in 335 ITR 117 have held that 35 (2AB) nowhere provides that expenditure will be allowed from the date of approval. Rather it nowhere suggests that the expenses would be allowable as a deduction only from the date of approval or only from a cut-off date. Once the facility is appro…

Asst Comm of Income Tax-2(2)(1), Mumbai vs. M/S. Medley Pharmaceuticals Ltd., Mumbai

In the result, all the appeals of the assessee are partly allowed and all the appeals of the Revenue are dismissed

ITA 305/MUM/2023[2013-14]Status: DisposedITAT Mumbai28 Jun 2023AY 2013-14
Section 14ASection 33Section 35Section 80I

…have the power of set aside and CIT (A) did not allow the claim u/s 35(2AB) but u/s 37(1). Before us ld. Counsel submitted that now this issue stands covered by the decision of the Hon’ble Gujarat High Court in the case of Claris Life Science Ltd reported in 326 ITR 251 and Delhi High Court in the case of Sadan Vikas India Ltd reported in 335 ITR 117 have held that 35 (2AB) nowhere provides that expenditure will be allowed from the date of approval. Rather it nowhere suggests that the expenses would be allowable as a deduction only from the date of approval or only from a cut-off date. Once the facility is appro…