Commissioner of Income-tax (LTU) v. Biocon Ltd
[Citation -2015-LL-0601-1]
Citation | 2015-LL-0601-1 |
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Appellant Name | Commissioner of Income-tax (LTU) |
Respondent Name | Biocon Ltd. |
Court | HIGH COURT OF KARNATAKA |
Relevant Act | Income-tax |
Date of Order | 01/06/2015 |
Assessment Year | 2003-04 |
Judgment | View Judgment |
Keyword Tags | substantial question of law • scientific research • weighted deduction |
Bot Summary: | The records reveal that during the relevant assessment year, the assessee has incurred certain expenditure on capital towards cost of machinery for a sum of Rs. 7,82,25,431. The Assessing Officer noticed that the said amount included a sum of Rs. 2,72,59,589 incurred towards three items of machinery. The Assessing Officer also noticed that the said three items of machinery have not been installed and commissioned and the assessee is not entitled for weighted deduction under section 35(2AB) of the Income-tax Act, 1961 and held that such expenditure does not amount to expenditure incurred during that period. The Commissioner of Income-tax, Bangalore, as well as the Income-tax Appellate Tribunal disagreed with the said conclusion reached by the Assessing Officer and have held that the Assessing Officer is not justified in not allowing the weighted deduction under section 35(2AB) of the Act inasmuch as the words which are not provided in the statute are sought to be read into, by the Assessing Officer. What section 35(2AB) of the Act speaks of is development of facilities; incurring of expenditure by the assessee for development of such facilities; approval of facility by the prescribed authority, which is DSIR; and allowance of weighted deduction on the expenditure so incurred by the assessee. On a plain reading of the said provision makes it amply clear that the assessee has to develop facility by incurring expenditure for scientific research and he will have to file application before the prescribed authority, who after following the proper procedure, will allow the application or otherwise and the assessee would be entitled for weighted deduction in respect of all expenditure so incurred. The provision postulates approval of research and development facility, which implies that a development facility shall be in existence, which in turn, presupposes that the assessee must have incurred expenditure in this behalf. |