9911796707
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Issues:
1. Disallowance of car expenses for personal use 2. Disallowance of Export Development expenses 3. Disallowance of depreciation rate on sewing machines 4. Disallowance of weighted deduction under section 35B 5. Director's remuneration claim 6. Additional ground for benefit under section 80J Analysis: 1. The first issue concerns the disallowance of car expenses claimed by the assessee for alleged personal use. The Tribunal held that the company, being a separate entity, had the commercial expediency to provide a car to the Managing Director for business purposes. Any personal use of the car could be considered a perquisite in the Director's personal assessment. The Tribunal referred to previous decisions and deleted the disallowance of car expenses. 2. The second issue revolves around the disallowance of Export Development expenses. The Tribunal allowed the claim as it was spent on promoting sales by showing goods to foreign buyers and obtaining market information. Citing a Special Bench decision, the Tribunal agreed with the reasons provided and allowed the claim for the expenses incurred. 3. The third issue pertains to the disallowance of depreciation at a lower rate on sewing machines. The Tribunal confirmed the direction given by the AAC to the ITO to re-examine the claim and allow necessary deductions in accordance with the law, providing the assessee with an opportunity to present their case before the ITO. 4. The fourth issue involves the disallowance of weighted deduction under section 35B for business development expenses. The Tribunal found merit in the assessee's submissions and directed the ITO to allow the claim for expenditure incurred in preparing samples for foreign buyers, emphasizing the promotion of sales. 5. The fifth issue relates to the disallowance of 75% of the director's remuneration for the year 1977-78. The Tribunal directed the ITO to allow the claim based on a Special Bench decision and reconsider other items of the claim accordingly. 6. The final issue concerns an additional ground raised by the assessee for benefit under section 80J. The Tribunal admitted the ground for consideration based on available material and previous court decisions. The matter was disposed of for both years, allowing the assessee to pursue the claim under section 80J. In conclusion, the appeals were partly allowed by the Tribunal, addressing various disallowances and directing the ITO to re-examine certain claims in accordance with the law and relevant court decisions.
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