2009 (7) TMI 31 - HC - Income Tax

Weighted Deduction Section 35B(1)(b) - The assessee inter-alia derived income from export and made a claim for weighted deduction under section 35B in respect of sea freight for transportation of the goods from India to their destination held that the assessee will be not entitled to deduction under Clause (viii) in respect of claim specifically disallowed under Clause (iii) of section 35B (1) of the Act. decided in favor of Revenue ITAT order reversed.

Summary

Issues:
Interpretation of Section 35B(1)(b) of the Income Tax Act, 1961 regarding weighted deduction for expenditure on sea freight for transportation of goods from India to destination outside India.

Detailed Analysis:

1. Issue: Interpretation of Section 35B(1)(b) regarding weighted deduction for sea freight expenditure.

- The case involved a reference from the Income Tax Appellate Tribunal regarding the entitlement of an assessee company to weighted deduction under section 35B(1)(b) on expenditure incurred for sea freight.

- The Tribunal allowed the claim for deduction, which was affirmed by the Court in a previous judgment for the assessment year 1974-75.

- However, the Division Bench observed that sea freight was specifically excluded for weighted deduction under sub clause (iii) of Section 35B, and thus, Clause (viii) could not be invoked to allow the claim.

- The Division Bench doubted the correctness of the earlier judgment and referred the matter for consideration to a larger Bench.

2. Analysis:

- The statutory provision of Section 35B(1)(b) excludes expenditure on the carriage of goods to their destination outside India, which would negate the assessee's claim for weighted deduction on sea freight.

- Previous judgments allowed the claim under Clause (viii) by interpreting it broadly to cover even excluded expenses under Clause (iii).

- The Court emphasized the principles of statutory interpretation, including avoiding inconsistency, giving effect to all provisions, and not rendering any provision redundant.

- Applying these principles, the Court concluded that permitting the claim under Clause (viii) would nullify the exclusion under Clause (iii), making it unacceptable.

- The Court overruled the previous judgments and held that the assessee was not entitled to deduction under Clause (viii) for a claim specifically disallowed under Clause (iii) of Section 35B(1)(b).

- The question was answered in favor of the revenue and against the assessee, and the matter was directed to be placed before the Division Bench for further orders.

By analyzing the statutory provisions and principles of interpretation, the Court clarified the scope of weighted deduction under Section 35B(1)(b) and resolved the issue of entitlement to deduction for sea freight expenditure, setting aside previous judgments that allowed such claims.