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

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

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