2005 (1) TMI 91 - HC - Income Tax

Summary

Issues:
1. Whether weighted deduction is admissible for salaries of directors and managing director under section 35B(1)(b)(i) and (iii)?
2. Whether weighted deduction is admissible for stationery, printing, and postage expenses under section 35B(1)(b)(i) and (iii)?
3. Whether weighted deduction is allowable for staff salaries under section 35B(1)(b)(ix) read with rule 6AA?

Analysis:
1. The Tribunal disallowed weighted deduction for salaries of directors and managing director as they were not related to advertisement or publicity outside India, as required by section 35B(1)(b)(i). The salaries were not for maintaining facilities for quality control, as per rule 6AA(c). The decision was upheld as justified.

2. Weighted deduction for stationery, printing, and postage expenses was denied as they fell under section 35B(1)(b)(iii), not covered for deduction. Citing legal precedents, the Tribunal correctly disallowed the claim for these expenses incurred in India, as only expenses on advertisement and publicity outside India qualify for deduction under sub-clause (i).

3. Regarding staff salaries for quality control, the Tribunal allowed weighted deduction under section 35B(1)(b)(ix) read with rule 6AA(c) for maintaining laboratory or other facilities. The Tribunal rightly upheld the deduction for 5/6ths of the staff salary for quality control and inspection purposes.

Conclusion:
The High Court ruled in favor of the Revenue for issues 1 and 2, denying weighted deduction for salaries of directors and certain expenses. However, for issue 3, the Court sided with the assessee, allowing weighted deduction for staff salaries related to quality control. No costs were awarded in this judgment.