Concept Pharmaceuticals Ltd. v. ACIT (ITAT, Mum)

43 SOT 423Income Tax Appellate Tribunal2011#10618 most cited

What is Concept Pharmaceuticals Ltd. v. ACIT (ITAT, Mum) authority for?

Expenditure incurred for scientific research outside an approved R&D facility is not eligible for weighted deduction under section 35(2AB) of the Income Tax Act.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,315 Indian tax judgments — from 2018 to 2024.

Also referred to as

Concept Pharmaceuticals Ltd. v. ACIT · 43 SOT 423 · section 35(2AB) · scientific research expenditure · in-house facility · weighted deduction · R&D facility

Issues it is cited on

scientific research expendituresection 35(1)section 43(5)speculative transactionsurrender of incomedepreciation on goodwillweighted deductionsection 35(2ab)section 32(1)(ii)commercial rightssection 10bsection 32(1)

Judgments citing Concept Pharmaceuticals Ltd. v. ACIT (ITAT, Mum)

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)

…hat the expenses incurred outside the approved R&D facility would also get weighted deduction based on the word under "on in house" interpreting contradictorily to the finding of coordinate bench in Concept Pharmaceuticals Ltd. v. ACIT (ITAT, Mum) reported at 43 SOT 423?" 12. We may record that question 'E' in the appeal memo is an additional question which has an element of above noted question. We have, therefore, not separately reproduced the same in this order. The issue is whether the assessee who has incurred expenditure for scientific research, which was not in the in-house facility, could be covered for d…

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)

…hat the expenses incurred outside the approved R&D facility would also get weighted deduction based on the word under "on in house" interpreting contradictorily to the finding of coordinate bench in Concept Pharmaceuticals Ltd. v. ACIT (ITAT, Mum) reported at 43 SOT 423?" 12. We may record that question 'E' in the appeal memo is an additional question which has an element of above noted question. We have, therefore, not separately reproduced the same in this order. The issue is whether the assessee who has incurred expenditure for scientific research, which was not in the in-house facility, could be covered for d…

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)

…hat the expenses incurred outside the approved R&D facility would also get weighted deduction based on the word under "on in house" interpreting contradictorily to the finding of coordinate bench in Concept Pharmaceuticals Ltd. v. ACIT (ITAT, Mum) reported at 43 SOT 423?" 12. We may record that question 'E' in the appeal memo is an additional question which has an element of above noted question. We have, therefore, not separately reproduced the same in this order. The issue is whether the assessee who has incurred expenditure for scientific research, which was not in the in-house facility, could be covered for…

Marksans Pharma Ltd, Mumbai vs. CIT (Appeals), NFAC, Mumbai

In the result, the appeal by the assessee is allowed

ITA 1717/MUM/2023[2014-15]Status: DisposedITAT Mumbai22 Aug 2023AY 2014-15

Bench: Shri B.R. Baskaran & Shri Sandeep Singh Karhail

For Appellant: Shri Vijay MehtaFor Respondent: Smt. Mahita Nair
Section 142(1)Section 143(2)Section 143(3)Section 154Section 250Section 35

…ved R&D facility would also get weighted Marksans Pharma Ltd. ITA no.1717/Mum./2023 deduction based on the word under "on in house" interpreting contradictorily to the finding of coordinate bench in Concept Pharmaceuticals Ltd. v. ACIT (ITAT, Mum) reported at 43 SOT 423?" 12. We may record that question 'E' in the appeal memo is an additional question which has an element of above noted question. We have, therefore, not separately reproduced the same in this order. The issue is whether the assessee who has incurred expenditure for scientific research, which was not in the in-house facility, could be covered for d…

Aurobindo Pharma Limited, Hyderabad vs. Asst. Commissioner of Income Tax, Central Circle-1(2), Hyderabad

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

ITA 1860/HYD/2019[2015-16]Status: DisposedITAT Hyderabad21 Jun 2023AY 2015-16

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri PVSS Prasad, ARFor Respondent: Shri T. Vijay Bhaskar Reddy, CIT-DR
Section 143(3)Section 144C(5)

…ubmission of the Ld. CIT-© that the decision relied upon by the Ld. CIT(A) was set-aside by the Hon’ble Supreme Court as the Court has not considered Revenue question that ITAT has not followed the decision in the case of Concept Pharmaceuticals Ltd vs. ACIT (43 SOT 423). Referring to the above decision, it was the submission that the coordinate Bench did not allow the weighted deduction on expenditure incurred outside the R & D facility. Ld. CIT- © relied on the grounds raised. 7. In response, Learned Counsel for the Assessee referred to the decision of the Hon’ble Gujarat High Court in the case of CIT v. Cadila…

Aurobindo Pharma Limited, Hyderabad vs. ACIT, Central Circle-1(2), Hyderabad

In the result, the appeal of assessee is partly allowed

ITA 485/HYD/2022[2018-19]Status: DisposedITAT Hyderabad27 Apr 2023AY 2018-19

Bench: Shri Rama Kanta Panda & Shri Laliet Kumar

For Appellant: Shri B.G.Reddy, ARFor Respondent: Shri Rajendra Kumar, CIT-DR
Section 143(3)Section 144C(5)Section 35

…bmission of the Ld. CIT-DR that the decision relied upon by the Ld. CIT(A) was set-aside by the Hon'ble Supreme Court as the Court has not considered Revenue question that ITAT has not followed the decision in the case of Concept Pharmaceuticals Ltd vs. ACIT (43 SOT 423). Referring to the above decision, it was the submission that the coordinate Bench did not allow the weighted deduction on expenditure incurred outside the R & D facility. Ld. CIT- DR relied on the grounds raised. 7. In response, Learned Counsel for the Assessee referred to the decision of the Hon'ble Gujarat High Court in the case of CIT v. Cadil…

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

In the result, the appeal filed by the assessee and the revenue are treated as partly allowed

ITA 1920/MUM/2020[2009-10]Status: DisposedITAT Mumbai03 Feb 2023AY 2009-10

Bench: Shri B.R. Baskaran (Am) & Smt. Kavitha Rajagopal (Jm)

Section 115JSection 131Section 132(3)Section 132(4)Section 139(1)Section 143(1)Section 143(2)Section 153A

…. 26 M/s. Lupin Limited 14.2 The Ld D.R submitted that the deduction u/s 35(2AB) is allowable only in respect of expenditure incurred in-house only. It has been held so by the Tribunal in the following cases:- (a) Concept Pharmaceuticals Ltd vs. ACIT (2011)(43 SOT 423)(Mum) (b) MAHLE Behr India (P) Ltd vs. DCIT (130 taxmann.com 7)(Pune) The Ld D.R further submitted that the expenses incurred outside the in- house facility has not been certified by DSIR in Form no.3CL. The Ld CIT- DR further submitted that the assessee has furnished the details of approval granted by DSIR in Form 3CM to various research facilit…

Sun Pharmaceuticals Industries Ltd., Baroda vs. The ACIT, Central Circle-1, Baroda

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

ITA 1659/AHD/2015[2008-09]Status: DisposedITAT Ahmedabad20 Jun 2019AY 2008-09

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy1. आयकर अपील सं./Ita No.1659/Ahd/2015 2. आयकर अपील सं./Ita No.1689/Ahd/2015 ("नधा"रण वष"/Assessment Year : 2008-09 ) बनाम/ 1. Sun Pharmaceuticals 1. The Acit Industries Ltd. Cen.Cir-1 Vs. “Sparc” Tandalja Baroda – 20 2. The Acit 2. Sun Pharmaceu- Central Circle-1 Ticals Industries Baroda Ltd. Baroda. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcs 3124K (अपीलाथ"/Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से/ Appellant By : Shri S.N. Soparkar, Ar ""यथ" क" ओर से/Respondent By: Shri R.C. Panday, Cit-Dr सुनवाई क" तार"ख/ Date Of Hearing 28/03/2019 घोषणा क" तार"ख /Date Of Pronouncement 20/06/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Cross-Appeals Have Been Filed At The Instance Of The Assessee & Revenue Against The Order Of The Commissioner Of Income Tax (Appeals)–2, Vadodara [Cit(A) In Short] Vide Appeal No.Cab/(A)- 2/387/2014-15 Dated 31/03/2015 Arising In The Assessment Order Passed Under S.143(3) R.W.S.147 Of The Income Tax Act, 1961(Hereinafter Referred To As "The Act") Dated 14/02/2014 Relevant To Assessment Year (Ay) 2008-09. Ita Nos.1659/Ahd/2015 (By Assessee) & Ita No.1689/Ahd/2015 (By Revenue) Sun Pharmaceuticals Industries Ltd. Vs. Acit Asst.Year - 2008-09 2

For Appellant: Shri S.N. Soparkar, ARFor Respondent: Shri R.C. Panday, CIT-DR
Section 143(3)Section 147Section 148Section 40A(2)(b)

…ouse research and development facility only is entitled for deduction u/s. 35(2AB) read with Explanation to section 35(2AB) of the Act, which finds support from the decision of I.T.A.T. Mumbai Bench "C" in the case of Concept Pharmaceuticals Ltd. v. CIT[2011] 43 SOT 423 (Mum.) 5. "On the facts and in the circumstances of the case, the Ld. CIT (A) erred in law and on facts in relying upon the judgement of Hon'ble Gujarat High Court in the case of Cadila Health Care Ltd. 214 Taxmann 672 (Guj.), without appreciating that the phraseology used is 'on in-house research or development facility’ and not 'by in-house rese…

DCIT, Central Circle-1(2), Hyderabad vs. Aurobindo Pharma Limited., Hyd, Hyderabad

In the result, both Revenue’s appeals are dismissed

ITA 1605/HYD/2016[2012-13]Status: DisposedITAT Hyderabad20 Jul 2018AY 2012-13

Bench: Shri B. Ramakotaiah & Shri Challa Nagendra Prasad

For Appellant: Shri C.P. RamaswamiFor Respondent: Smt. Alka Rajvanshi Jain
Section 32Section 35

…bmission of the Ld. CIT-DR that the decision relied upon by the Ld. CIT(A) was set-aside by the Hon’ble Supreme Court as the Court has not considered Revenue question that ITAT has not followed the decision in the case of Concept Pharmaceuticals Ltd vs. ACIT (43 SOT 423). Referring to the above decision, it was the submission that the coordinate Bench did not allow the weighted deduction on expenditure incurred outside the R & D facility. Ld. CIT- DR relied on the grounds raised. 7. In response, Learned Counsel for the Assessee referred to the decision of the Hon’ble Gujarat High Court in the case of CIT v. Cadi…

DCIT, Central Circle-1(2), Hyderabad vs. Aurobindo Pharma Limited., Hyd, Hyderabad

In the result, both Revenue’s appeals are dismissed

ITA 1604/HYD/2016[2011-12]Status: DisposedITAT Hyderabad20 Jul 2018AY 2011-12

Bench: Shri B. Ramakotaiah & Shri Challa Nagendra Prasad

For Appellant: Shri C.P. RamaswamiFor Respondent: Smt. Alka Rajvanshi Jain
Section 32Section 35

…bmission of the Ld. CIT-DR that the decision relied upon by the Ld. CIT(A) was set-aside by the Hon’ble Supreme Court as the Court has not considered Revenue question that ITAT has not followed the decision in the case of Concept Pharmaceuticals Ltd vs. ACIT (43 SOT 423). Referring to the above decision, it was the submission that the coordinate Bench did not allow the weighted deduction on expenditure incurred outside the R & D facility. Ld. CIT- DR relied on the grounds raised. 7. In response, Learned Counsel for the Assessee referred to the decision of the Hon’ble Gujarat High Court in the case of CIT v. Cadi…

Concept Pharmaceuticals Ltd. v. ACIT (ITAT, Mum) (43 SOT 423) — Cited in 10 Judgments | BharatTax