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Income Tax

Capital expense on R&D outside India is eligible for deduction u/s. 35(1)(iv): ITAT Pune

Case Law Details

Case Name
Mahle Behr India Pvt. Ltd Vs DCIT (ITAT Pune)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
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Mahle Behr India Pvt. Ltd Vs DCIT (ITAT Pune) ITAT Pune held that claim of assessee not entertained under one provision doesn’t oust it from consideration under any other provision. Thus, capital expenditure incurred on research and development outside India is eligible for deduction u/s.35(1)(iv) consequent to denial u/s. 35(2AB). Facts- It is seen from the assessment order that the assessee has claimed weighted deduction u/s 35(2AB) of the Act of Rs.15,00,63,093/-. During the course of assessment proceedings the Assessing Officer noted that out of total expenditure on R&D, the expendit...
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