Section 35(2AB) Deduction Cannot Be Denied for Missing Form 3CL If R&D Is Proven

Malwa Oxygen & Industrial Gases Private Limited Vs ITO (ITAT Indore)

Failure to file Form 3CL for claiming weighted deduction u/s 35(2AB) did not preclude for 100% R&D Deduction u/s 35(1)(i)

Conclusion: Denial of weighted deduction u/s 35(2AB) for non-furnishing of Form 3CL did not preclude normal deduction u/s 35(1)(i) and depreciation u/s 32, as the research was related to the assessee’s business. Matter remanded to AO for verification and allowance in accordance with law.

Held: Assessee-company was engage

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