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The disallowance made by the Assessing Officer on account of its claim for weighted deduction under section 35(2AB) as well as its alternative claim for deduction under section 35(1)(iv) was challenged by the assessee in the appeal filed before the ld. CIT(Appeals) and after considering the submissions made by the assessee as well as the material available on record, the ld. CIT(Appeals) allowed the alternative claim of the assessee for deduction under section 35(1)(iv) in respect of expenditure of Rs.8,06,080/- incurred by the assessee on the construction of Laboratory Building

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Section 35 & 37 of the Income Tax Act, 1961 — Business Expenditure — Assessee engaged in business of manufacturing, export and import of silk fabrics was eligible for weighted deduction under section 35(2AB) in respect of revenue expenditure incurred on in house research and development facility which was duly appointed by competent authority. Nexus of Expenditure incurred at club with its business was established by assessee and in absence of any tenable or cogent material to rebut or controvert same, disallowance made by AO was not sustainable — Assistant Commissioner of Income Tax vs. Eastern Silk Industries Ltd. [2019] 179 ITD 22 (Kolkata-trib)

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