1981 (8) TMI 94 - AT - Income Tax

Summary

Issues:
1. Claim of weighted deduction under section 35B for indirect exports.
2. Interpretation of the expression "in association with any other person" in section 35B.
3. Determination of eligibility for weighted deduction on commission paid to selling agents and salary of export division staff.

Analysis:
1. The appeal pertains to the assessment year 1974-75 concerning the claim of weighted deduction under section 35B for indirect exports. The Tribunal had earlier directed the Commissioner (Appeals) to gather necessary materials and re-decide the issue. The assessee's claim involved commission paid to selling agents and salary of export division staff.

2. The Commissioner (Appeals) examined the particulars provided by the assessee regarding indirect exports facilitated through local parties. The Commissioner accepted the claim, emphasizing that section 35B covers not only direct sales but also sales made in association with others. The department's contention was that indirect exports did not qualify for weighted deduction as they were carried out by local parties, not the assessee.

3. The Tribunal analyzed the ownership aspect of goods at the time of export and the interpretation of "in association with any other person" in section 35B. While the standard contract indicated a sale from the assessee to local parties for export, the Tribunal emphasized the legislative intent behind section 35B to promote exports. The Tribunal concluded that the association between the assessee and local parties for export purposes qualified for weighted deduction. The commission paid to secure export quota holders and the salary of export division staff were deemed legitimate business expenditures eligible for deduction. The Tribunal also noted that the department had allowed similar claims in subsequent years, supporting the assessee's entitlement to the deduction.

4. Ultimately, the Tribunal dismissed the appeal, affirming the Commissioner (Appeals)' decision to grant weighted deduction for the commission paid to selling agents and the salary of the export division staff. The judgment underscored the unique circumstances of indirect exports and the collaborative nature of the export process, aligning with the legislative objective of incentivizing exports under section 35B.