9911796707
|
Home
Issues:
1. Whether the assessee is entitled to weighted deduction under section 35B of the Income-tax Act, 1961? 2. Whether the case of the assessee falls under the definition of a small scale industrial unit? Analysis: 1. The case involved a reference related to the assessment year 1978-79 where the assessee, engaged in manufacturing and exporting brassware, claimed weighted deduction under section 35B of the Act. The Income-tax Officer denied the deduction stating the assessee lacked an export house certificate or small scale industry status. The Commissioner of Income-tax (Appeals) upheld this decision. However, the Tribunal granted the weighted deduction. The High Court emphasized that to qualify as a small scale exporter under section 35B(1A), it is essential for the assessee to own the industrial undertaking. Since the assessee did not possess an export house certificate and there was no evidence of ownership of any undertakings, the Tribunal's decision was deemed unsustainable. 2. The High Court referenced a previous judgment to clarify that ownership of the industrial undertaking is a prerequisite for qualifying as a small scale exporter under the Act. Despite the standing counsel's reliance on a different case involving a recognized export house, the court distinguished the present case where the assessee did not hold such a certificate. Consequently, the court ruled in favor of the Revenue and against the assessee, denying the weighted deduction under section 35B. The judgment highlighted the importance of meeting the statutory requirements for claiming deductions under the Income-tax Act, emphasizing the need for proper documentation and compliance with the specified criteria.
|
