1997 (8) TMI 60 - HC - Income Tax

Summary

Issues Involved:
1. Allowing weighted deduction u/s 35B of IT Act, 1961.
2. Accrual of cash incentive for exports.

Summary:

Issue 1: Allowing weighted deduction u/s 35B of IT Act, 1961

The Tribunal upheld the order of CIT(A) allowing weighted deduction u/s 35B on various expenditures without specifically relating them to any sub-clauses of clause (b) of section 35B(1). The assessee-firm, engaged in crushing bones and manufacturing by-products, claimed weighted deduction on total expenditure of Rs. 2,22,267. The AO allowed deduction only on commission and trade discount of Rs. 9,257. CIT(A) allowed weighted deduction on salaries, printing and stationery, gratuity, electricity, postage and telegrams, and traveling expenses, adopting 63% of export turnover and reducing it by 50% for export promotion and development. The Tribunal upheld this order, rejecting the Department's contention that each expenditure item must be co-related to specific sub-clauses of section 35B(1)(b). The Tribunal also allowed gratuity as an admissible expenditure, equating it with salary for the purpose of weighted deduction. The High Court affirmed this view, stating that gratuity, like salary, is paid for services rendered and should be eligible for weighted deduction.

Issue 2: Accrual of cash incentive for exports

The Tribunal held that cash incentive accrues on the date when the application for claim is made to the competent authority. The assessee, following the mercantile system of accounting, had accounted for cash incentives on a receipt basis. The AO treated the cash incentive as income on an accrual basis, arguing that it accrued on the date of export. The Tribunal disagreed, stating that the right to receive cash incentive arises only when the application is filed. The High Court upheld this view, emphasizing that income accrues when the right to receive it becomes vested, which in this case, is the date of filing the claim application. The date of export or receipt of cash incentive is not relevant for accrual under the mercantile system.

Conclusion:

Both questions were answered in the affirmative, against the Revenue and in favor of the assessee. The Tribunal's decisions on allowing weighted deduction u/s 35B and the accrual of cash incentives were upheld.