1998 (3) TMI 104 - HC - Income Tax

Summary

Issues:
- Interpretation of section 35B of the Income-tax Act, 1961 regarding weighted deduction on specific expenditures.
- Allowability of commission paid in India for export business under section 35B.
- Eligibility of foreign telephone expenditure for weighted deduction.
- Treatment of salaries, rent, printing, and stationery expenses for weighted deduction.
- Entitlement of insurance expenditure for weighted deduction.
- Consideration of sale promotion expenses for weighted deduction.

Commission Rs. 10,390:
The court addressed the issue of whether commission paid in India for export business qualifies for weighted deduction under section 35B. The Income-tax Officer disallowed the expenditure, but the Appellate Assistant Commissioner allowed it under sub-clause (i) of clause (b) of section 35B. However, the court held that commission paid in India does not meet the criteria for weighted deduction under any sub-clause of section 35B, as the expenditure did not relate to activities outside India as required by the law.

Foreign telephone Rs. 2,302:
The court examined the eligibility of foreign telephone expenditure for weighted deduction under section 35B. It was determined that the expenditure on foreign telephone calls did not meet the requirement of being incurred "wholly and exclusively" for purposes specified in section 35B(1). Therefore, the court concluded that this expenditure was not allowable under section 35B.

Salaries, rent, printing and stationery:
Regarding salaries, rent, printing, and stationery expenses, the Tribunal allowed only a partial deduction, indicating that these expenses were not incurred "wholly and exclusively" for the purposes outlined in section 35B(1). Citing precedent cases, the court affirmed that these expenses did not qualify for weighted deduction under section 35B.

Insurance (E. C. G. C) Rs. 774:
The court referred to the Supreme Court decision in CIT v. Stepwell Industries Ltd. and its own ruling in Indian Aluminium Cables v. CIT to establish that insurance expenditure, including E. C. G. C, was not entitled to weighted deduction under section 35B.

Sale promotion expenses Rs. 6,300:
The court examined sale promotion expenses incurred on foreign customers and concluded that these expenses did not meet the criteria of being incurred "wholly and exclusively" for the purposes specified in section 35B(1). Therefore, the assessee was not entitled to weighted deduction on this item. Ultimately, the court ruled in favor of the Revenue and against the assessee for all the discussed expenditures based on the provisions of section 35B and relevant legal precedents.