1986 (6) TMI 24 - HC - Income Tax

Business Expenditure, Export Market Development Allowance, New Industrial Undertaking, Weighted Deduction

Summary

Issues:
1. Entitlement to weighted deduction for export markets development allowance.
2. Allowability of claim for deduction in respect of liability for surtax.
3. Consideration of actual cost vs. written down value for capital computation under section 80J.

Analysis:
1. The first issue pertains to the entitlement of the assessee to weighted deduction for export markets development allowance. The Tribunal had disallowed certain expenses claimed by the assessee under section 35B, including commission, salaries to export staff, ocean freight, bank charges, and more. The Appellate Assistant Commissioner and the Tribunal had differing opinions on the allowance of these expenses. The High Court noted that the claim for deduction should be based on expenses incurred wholly and exclusively for specified purposes under section 35B(1)(b). The court found that the assessee did not establish the exclusive nature of the expenses for obtaining information or tender preparation outside India. As a result, the court remanded the matter to the Tribunal for further consideration with specific evidentiary requirements. The court emphasized the need for detailed particulars to support the claim for weighted deduction.

2. The second issue involves the allowability of the assessee's claim for deduction in respect of liability for surtax while computing total income for the assessment years 1973-74 and 1974-75. The court referenced a previous decision and ruled against the assessee, stating that the claim for deduction in this regard is not allowable.

3. The third issue concerns the computation of capital under section 80J for the assessment year 1973-74. The court referred to a previous decision and held that the written down value of assets should be considered for computing capital employed, not the actual cost. The court answered the question in the negative and in favor of the Revenue based on established legal principles.

In conclusion, the High Court's judgment addressed various issues related to income tax assessments for the assessee, focusing on the entitlement to deductions, the allowability of specific claims, and the computation of capital under relevant tax provisions. The court emphasized the need for detailed evidence to support claims for weighted deductions and upheld legal precedents in ruling on the matters at hand.