1991 (12) TMI 41 - HC - Income Tax

Summary

Issues:
Assessment of export markets development allowance under section 35B of the Income-tax Act, 1961 for the assessment years 1976-77 and 1977-78.

Analysis:
The assessee, a private limited company engaged in the manufacture and sale of art silk cloth, claimed export markets development allowance or weighted deduction under section 35B of the Income-tax Act, 1961 for various expenses incurred during the assessment years 1976-77 and 1977-78. The Income-tax Officer disallowed the claimed expenditures, stating they did not qualify for the allowance. The assessee appealed before the Commissioner of Income-tax (Appeals) at Baroda, submitting that expenses incurred by its Bombay office for export business should be allowed as weighted deduction. The revised claims were considered by the Commissioner, who partly allowed the appeals by granting weighted deduction for specific expenses like postage, printing, salaries, and miscellaneous charges.

The assessee further appealed before the Income-tax Appellate Tribunal, which upheld the Commissioner's decision, citing the precedent set by the Special Bench of the Tribunal in a similar case. The Tribunal dismissed the appeals, leading the matter to a reference under section 256(1) of the Act to the High Court. The High Court was asked to opine on whether the assessee was entitled to weighted deduction under section 35B for the disputed items. The High Court affirmed the decisions of the lower authorities, stating that the disallowed expenses did not qualify for weighted deduction under section 35B(1) of the Act. The Court found no grounds to interfere with the Tribunal's decision, as no distinguishing features were presented to warrant a different outcome.

The High Court concurred with the Tribunal's findings and upheld that the assessee was not entitled to claim weighted deduction for the disallowed expenses. The Court specifically listed the items for which the weighted deduction was denied, including expenses related to packing, insurance, audit fees, and various other charges. Ultimately, the High Court answered the reference in the affirmative, confirming that the assessee was not entitled to weighted deduction for the specified items. The reference was resolved accordingly, with no order as to costs.