Minilec India Pvt.Ltd, Pune V. Deputy Commissioner of Income-tax, Circle - 14, Pune

ITA 1283/PUN/2018

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 0648 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 06-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MAYURI KULKARNI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘A’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1283/PUN/2018 नधा रण वष / Assessment Year : 2013-14 Minilec India Pvt. Ltd., 1073/1-2-3, Mulshi Pirangut, Mutha Road, Mulshi, Pune 412 111 PAN : AABCM2682E Vs. DCIT, Circle-14, Pune Appellant Respondent आदेश / ORDER PER R.S. SYAL, VP : This appeal by the assessee is directed against the order dated 27-04-2018 passed by the CIT(A)-7, Pune in relation to the assessment year 2013-14. 2. The only issue raised in this appeal is against non-granting of weighted deduction of Rs.72,05,797/- claimed by the assessee u/s.35(2AB) of the Income-tax Act, 1961 (hereinafter also called ‘the Act’). Assessee by Ms. Mayuri Kulkarni Revenue by Shri S.P. Walimbe Date of hearing 04-07-2022 Date of pronouncement 04-07-2022 ITA No.1283/PUN/2018 Minilec India Pvt. Ltd., 2 3. Briefly stated, the facts of the case are that the assessee is engaged in manufacturing, research and development of electronic current sensing parts, microprocessor based alarm enunciators, water level controllers etc. The Assessing Officer (AO) did not discuss the issue of weighted deduction in the body of the assessment order. It was contended before the ld. CIT(A) that weighted deduction of R&D facilities amounting to Rs.72,05,797/- u/s.35(2AB) of the Act ought to have been allowed by the AO. The ld. CIT(A) observed that the assessee could not file certificate in Form No.3CM from the Department of Scientific and Industrial Research (DSIR) for the period from 01-04-2009 to 31-03-2013. The contention of the assessee that the deduction should be allowed without submission of Form No.3CM did not find favour with the ld. CIT(A), who rejected the claim of weighted deduction. Aggrieved thereby, the assessee has approached the Tribunal. 4. We have heard both the sides and gone through the relevant material on record. It is seen that similar issue came up for consideration before the Tribunal for the A.Y. 2010-11, which has decided it in favour of the assessee vide order dated 09-04-2018 ITA No.1283/PUN/2018 Minilec India Pvt. Ltd., 3 (ITA No.690/PUN/2015) allowing weighted deduction u/s.35(2AB). This fact has been recorded by the ld. CIT(A) on page 5 of the impugned order. For the immediately two preceding years, namely, A.Y. 2011-12 and 2012-13, the issue was disposed of by the Tribunal in favour of the assessee by means of its orders dated 06-05-2021 and 12-07-2019 in ITA No.3100/PUN/2017 and ITA No.850/PUN/2017 respectively, granting the weighted deduction under similar circumstances. The ld. DR fairly conceded that the facts and circumstances for the extant year are similar. Respectfully following the precedents, we overturn the impugned order and direct to grant deduction u/s.35(2AB) of the Act 5. In the result, the appeal is allowed. Order pronounced in the Open Court on 04 th July, 2022. Sd/- Sd/- ( S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT पुणे Pune; िदनांक Dated : 04 th July, 2022 सतीश ITA No.1283/PUN/2018 Minilec India Pvt. Ltd., 4 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to: 1. अपीलाथ / The Appellant; 2. 3. थ / The Respondent The CIT(A)-7, Pune 4. 5. The Pr.CIT-6, Pune DR, ITAT, ‘A’ Bench, Pune 6. गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 04-07-2022 Sr.PS 2. Draft placed before author 04-07-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *