9911796707
TMI Blog2004 (8) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... ort "the Tribunal"), has referred the following question of law arising out of its order dated October 28, 1983, relating to the assessment year 1979-80 for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in upholding the order of the Commissioner of Income-tax (Appeals) allowing weighted deduction under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 35B of the Income-tax Act, 1961 (for short "the Act") can only be granted if the assessee is able to establish that the expenditure had been incurred wholly and exclusively in respect of the activities mentioned under various sub-clauses of section 35B(1)(b) of the Act. We find that no such exercise had been undertaken either in the assessment year 1976-77 or in the year under consideration. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not there. In such cases, the expenditure may or may not be incurred in India. Every case will have to be examined in the light of the provisions of the sub-clauses and the facts proved by the assessee." Similarly in Hero Cycles P. Ltd.'s case [1997] 228 ITR 463 the apex court, at page 469, has observed as under: "In this case a large number of questions were sought to be raised. We shall deal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the apex court in CIT v. Stepwell Industries Ltd. [1997] 228 ITR 171 and CIT v. Hero Cycles P. Ltd. [1997] 228 ITR 463 (SC). Accordingly, we set aside the findings of the Tribunal on this issue and restore the matter to the Tribunal for fresh adjudication. It is made clear that while redeciding the matter, the assessee will be afforded sufficient opportunity to establish and justify its claim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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