Sec. 37(1) & 147 of the Income-tax Act, 1961 - Business expenditure – The petitioner-assessee challenged the notice issued under section 148 of the Act whereby, the respondent reopened the assessment of the petitioner for the Assessment Year 2005-06. High Court while allowing the petition of the assessee held that ”When on R&D expenses of the Company issue has been scrutinized extensively during the year under question, we are unhesitatingly of the opinion that this ground is nothing but an attempt to review its own decision and therefore, the same must fail on the jurisdictional ground alone. Not only the AO has under scrutiny assessment dealt with the same in the previous years as well as in the year under question extensively, but, the same was also carried to CIT(A) which had finalized the said issue of allocation of R&D expenses by re-allocating 12.5% of all R&D expenditure as relating to formulations during the year under question, as detailed hereinabove while dealing with the same“. SLP filed by the revenue against the order of High Court dismissed. - DY. CIT V/s SUN PHARMACEUTICAL INDUSTRIES LTD. - [2020] 272 TAXMAN 407 (SC)