1993 (9) TMI 87 - HC - Income Tax

Summary

Issues:
Claim for weighted deduction under section 35B for payment to Dr. Beck and Co., Germany.
Claim for weighted deduction under section 35B for export inspection charges.
Claim for weighted deduction under section 35B for expenses on loading and unloading charges.

Analysis:
- The court addressed the first issue of the claim for weighted deduction for payment to Dr. Beck and Co., Germany, under section 35B. The court referred to a previous case involving a similar payment to Dr. Beck and Co. and concluded that the payment did not qualify for weighted deduction under section 35B. The court emphasized that the payment was for commission related to exporting goods to a specific country, which did not align with the criteria for weighted deduction under the Act.

- Moving on to the second issue regarding the claim for weighted deduction for export inspection charges under section 35B, the court analyzed whether such charges qualified for the deduction. The court referred to the relevant provision in section 35B(1)(b)(vi) which allows weighted deduction for expenses on furnishing technical information for sales promotion. The court determined that export inspection charges did not fall within this provision as they were incurred for inspection of goods before export, not for furnishing technical information for sales promotion. Additionally, the court highlighted the exclusion in sub-clause (iii) of clause (b) which specifically excludes expenditure incurred in India in connection with the supply of goods outside India from being eligible for weighted deduction.

- Lastly, the court addressed the issue of the claim for weighted deduction for expenses on loading and unloading charges. The court concluded that such expenses were incurred in India in connection with dispatching goods outside India, which falls under the exclusion in sub-clause (iii) of clause (b) of section 35B(1). Therefore, the court held that the assessee was not entitled to weighted deduction for these charges.

- In conclusion, the court ruled against the assessee on all three issues, denying the claims for weighted deduction under section 35B. The judgment favored the Revenue and rejected the claims made by the assessee. No costs were awarded in this matter.