9911796707
TMI Blog2001 (10) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... at Gauhati (see [1997] 224 ITR 398) in so far as the High Court answered in the affirmative and in favour of the assessee the following question "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee is entitled to weighted deduction under section 35(1)(b)(iv) (sic) as well as under section 35(1)(b)(ix)?" We are concerned with the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red towards hiring of warehouse for storing the tea the expenditure is a part of selling expenditure which the assessee reimbursed to the agent." Section 35B states that where an assessee, who is resident in India, has incurred, directly or in association with any other person, any expenditure referred to, inter alia, in clause (b) thereof, he would be allowed a deduction of a sum equal to one a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gent's warehouse fell outside the scope of section 35B(1)(b)(iv). What was contended before us by learned counsel for the Revenue was that it was not established that the warehouse was utilised only for storing the assessee's tea; in other words, that it was used by the said agent for storing other goods. This was not the Revenue's case at any stage before now. Had it been, the Tribunal would have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... blished not by the assessee but by a third party, the agency had to be maintained by the assessee. In the instant case, the warehouse is run by the said agent but the expenditure incurred thereon is reimbursed by the assessee to the said agent. It is, therefore, the assessee which is maintaining the warehouse for the promotion of the sales of its tea outside India. This being so, in our view, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
