9911796707
|
Home
Issues:
1. Challenge to CIT (A) orders for asst. yr. 1975-76 regarding weighted deduction under s. 35-B. 2. Disallowance of weighted deduction on certain items. 3. Disallowance of other export expenses. 4. Claim of meeting and conference expenses. 5. Partial deduction allowed by CIT on specified items. 6. Allocation of expenses and deduction under s. 35-B. 7. Addition of director's travelling expenses. 8. Disallowance of certain delegation expenses. 9. Consideration of expenses on foreign buyers. 10. Final decision on appeals. Analysis: 1. The assessee contested CIT (A) orders for asst. yr. 1975-76 concerning weighted deduction under s. 35-B. The Revenue also filed appeals challenging the weighted deductions allowed by CIT (A), which were disposed of together. 2. Certain items like shipping charges, packing, forwarding, insurance charges, and travelling expenses within India were disallowed for weighted deduction under s. 35-B based on Special Bench decisions, confirming the disallowances. 3. Disallowance of other export expenses was upheld for expenses related to certificates, letters of credit, etc., in line with the Special Bench decision in J.H. & Co. 4. Meeting and conference expenses were partially allowed for foreign delegations, with a directive to allocate weighted deduction at 50% of the total claim for both years. 5. CIT allocated and allowed partial deductions on items like office rent, staff salaries, and director's remuneration based on purchase and sales activities, following the Special Bench decision in M/s J.H. & Co. 6. Allocation of expenses for deduction under s. 35-B was adjusted to 90% of 50% of total expenses for specified items, while allocations for postage, telegrams, and printing were deemed fair and confirmed. 7. Addition of director's travelling expenses was not pressed, leaving no other grounds for consideration in the appeals. 8. Disallowance of certain delegation expenses was challenged but upheld based on the self-contained provision of s. 35-B and Special Bench decisions. 9. Expenses on foreign buyers were considered in line with the Special Bench decision in M/S. J.H. & Co., leading to confirmation of CIT (A) orders on this point. 10. The final decision resulted in partial allowance of the assessee's appeals and dismissal of the Revenue's appeals, concluding the matter.
|
