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 366,470 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

Issues it is cited on

Judgments citing CIT v. Claris Lifesciences Ltd.

Glenmark Pharmaceuticals Ltd., Mumbai vs. ACIT (Ltu) - 2, Mumbai

In the result, the appeal of the assessee is allowed and appeal of the revenue is dismissed

ITA 5651/MUM/2017[2013-14]Status: DisposedITAT Mumbai21 Aug 2019AY 2013-14

Bench: Shri M. Balaganesh, Am & Shri Ravish Sood, Jm M/S. Glenmark Pharmaceuticals Ltd., Vs. Asst. Commissioner Of Glenmark House, Income Tax – Ltu-2, 29Th Floor, Centre-I Hdo Corporate Builsing Wing A,B,D. Sawant Marg World Trade Centre Chakala, Opp. Western Express Cuffe Parade, Highway, Andheri (East), Mumbai – Mumbai – 400 005 400 099 Pan/Gir No. Aaacg2207L (Appellant) .. (Respondent) Asst. Commissioner Of Vs. M/S. Glenmark Pharmaceuticals Ltd., Income Tax – Ltu-2, Glenmark House, 29Th Floor, Centre-I Hdo Corporate Builsing World Trade Centre Wing A,B,D. Sawant Marg Cuffe Parade, Chakala, Opp. Western Express Mumbai – 400 005 Highway, Andheri (East), Mumbai – 400 099 Pan/Gir No. Aaacg2207L (Appellant) .. (Respondent)

Section 143(3)Section 35

…f Pune Tribunal in the case of Cummins India Ltd vs DCIT reported in (2018) 96 taxmann.com 576 (Pune Trib) dated 15.5.2018 for Asst Year 2009-10 . 3.2. We also find that the Hon’ble Gujarat High Court in the case of CIT vs Claris Lifesciences Ltd reported in 326 ITR 251 (Guj) had also observed as under:- “8. We are in full agreement with the reasoning given by the Tribunal and we are of the view that there is no scope for any other interpretation and since the approval is granted during the previous year relevant to the assessment year in question, we are of the view that the assessee is entitled to claim weight…