Expenditure on scientific research not certified by DSIR is allowable as deduction u/s 37

BEML Limited Vs DCIT (ITAT Bangalore)

ITAT Bangalore held that weighted deduction u/s 35(2AB) is not allowable for expenditure incurred on scientific research as the same are not certified by DSIR. However, such expenditure are allowable as deduction u/s 37 of the Income Tax Act.

Facts- The issue involved here is that amount of Rs. 7.94 Crores towards expenditure on scientific research was not certified by DSIR. Accordingly, the same was disallowed by AO.

CIT(A) allowed the same under section 37 of the Income Tax Act as the same was incurred for the purpose of business. Being aggrieved, revenue has preferred the present appeal.

Conclusion- Held that the amount of Rs.7.94 crores cannot be claimed u/s 35(2AB) of the Act on the reason that it was not certified by DSIR. However, this expenditure of Rs.7.94 crores has been incurred by the assessee for the purpose of business and this fact is not disputed by the AO and in our opinion, assessee is entitled for deduction on this amount u/s 37 of the Act.

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