1998 (2) TMI 26 - HC - Income Tax

Summary

Issues:
1. Allowability of weighted deduction under section 35B for interest on packing credit, certificate expense, and inspection agency fee.
2. Consideration of medical reimbursement pay while arriving at the ceiling under section 40(c).

Analysis:

Issue 1:
The court addressed the first question regarding the allowance of weighted deduction under section 35B for various expenses incurred by the assessee for export market development. The court emphasized that the weighted deduction is specifically available for expenses related to the development of the export market, not for actual sales. The interest on credit used for manufacturing operations intended for export goods was deemed not eligible for the deduction as it is directly connected to manufacturing operations, not market development. The court cited a previous case involving the same assessee to support this decision. Additionally, expenses on inspection agency fees and certificates of origin, incurred for actual exportation of goods, were also deemed ineligible for weighted deduction under section 35B.

Issue 2:
The court quickly disposed of the second question by referring to a previous judgment that established the requirement to consider medical reimbursement pay while calculating the ceiling under section 40(c) of the Income-tax Act. The court ruled in favor of the Revenue and against the assessee on this issue.

In conclusion, the court answered both questions in favor of the Revenue and against the assessee, disallowing the weighted deduction for certain expenses related to export market development and affirming the consideration of medical reimbursement pay for calculating the ceiling under section 40(c). The court awarded costs to the Revenue.