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Gujarat HC: Section 35(2AB) Deduction Valid Despite Later DSIR Approval

TaxGuru
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Summary

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  • The Gujarat High Court has ruled that deductions under Section 35(2AB) cannot be denied simply because the approval for R&D facilities was granted in a subsequent year.
  • This decision arose from the case of Principal Commissioner of Income Tax (Central) Vs Cadila Healthcare Limited concerning Assessment Year 2013-14.
  • The Court emphasized that once recognition is granted by the Department of Scientific and Industrial Research (DSIR), the deduction is applicable for expenditures incurred prior to approval.
  • This ruling could significantly impact how companies claim deductions for research and development expenses moving forward.

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