1998 (12) TMI 78 - HC - Income Tax

Export Market Development Allowance, Weighted Deduction, Air Freight, Marine Insurance, Customs Duty, Internal Telex

Summary

Issues:
1. Whether weighted deduction under section 35B was rightly not allowed on specific expenditures related to exports?
2. Whether expenditure on air freight for goods sent for exhibition is eligible for deduction under section 35B?
3. Whether customs duty paid on designs received from foreign countries and expenditure on internal telex are eligible for deduction under section 35B?

Analysis:

Issue 1:
The assessee sought a weighted deduction under section 35B for various expenditures related to exports. The Tribunal allowed deductions for certain expenses but disallowed others. The court examined the specific items of expenditure, including sea and air freight, marine insurance, and internal telex. It was held that expenditures on sea and air freight and marine insurance are ineligible for deduction under sub-clause (iii) of clause (b) of section 35B(1) as they were excluded explicitly. Therefore, the deductions were rightly not allowed for these expenses.

Issue 2:
Regarding the expenditure on air freight for goods sent for exhibition, the court analyzed sub-clause (i) of clause (b) of section 35B(1). The assessee argued that the goods were sent for advertisement and publicity through an exhibition, making the expenditure eligible under sub-clause (i). The court considered the arguments of both parties and concluded that sub-clause (iii) did not apply to the expenditure on air freight for goods sent for exhibition. Therefore, the expenditure on air freight for exhibition goods outside India was deemed eligible for deduction under section 35B(1)(b)(i).

Issue 3:
The court examined the expenditure on customs duty paid on designs received from foreign countries and internal telex. It was highlighted that for a claim under section 35B, the expenditure must fall under the sub-clauses of clause (b) of section 35B(1). Referring to a Supreme Court case, it was emphasized that the onus lies on the assessee to prove that the expenditure qualifies for deduction under the specified purposes. In this case, the court found that the mentioned expenditures did not fall under any sub-clause of section 35B(1)(b) and thus were not eligible for deduction.

In conclusion, the court answered the reference by affirming that deductions were rightly not allowed for certain expenditures related to exports, while allowing the deduction for air freight on goods sent for exhibition but disallowing deductions for customs duty on designs received from foreign countries and internal telex expenditures.

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