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2002 (11) TMI 18

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..... a on sales effected in India – Thus, the question referred is answered in the negative, i.e., in favour of the Revenue and against the assessee. - - - - - Dated:- 14-11-2002 - Judge(s) : D. K. JAIN., MS. SHARDA AGGARWAL. JUDGMENT The judgment of the court was delivered by D.K. JAIN J.-At the instance of the Revenue, the Income-tax Appellate Tribunal, New Delhi (for short "the Tribunal"), .....

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..... rists against foreign currency amounting to Rs. 2,31,221. However, while framing the assessment for the said assessment year, the Assessing Officer disallowed the said claim on the ground that weighted deduction under the said section could be allowed only on the expenses incurred on export sales. Aggrieved, the assessee preferred appeal to the Commissioner of Income-tax (Appeals) (for short "th .....

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..... e logic of the decision of the Special Bench of the Tribunal in J. Hem Chand and Co., the apex court observed that when a claim for weighted deduction is made it is for the assessee to satisfy the Income-tax Officer that the expenditure falls in one of the sub-clauses of clause (b) of section 35B(1). Their Lordships of the Supreme Court held that the expenditure which qualifies for deduction under .....

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