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2002 (1) TMI 55

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..... r the opinion of this court: "1. Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was right in law in having disallowed the assessee's claim of weighted deduction under section 35B(1)(b)(viii) on the expenditure incurred by it on air, sea and railway freight, etc., by relying on the decision of the Special Bench in the case of J. Hem Chand Co., without indep .....

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..... t press questions Nos. 1 and 2. Resultantly, these questions are answered against the assessee. So far as question No. 3 is concerned, it has been alleged by counsel that the publications in the souvenir with the remarks-"with best wishes from" or "with best compliments from" the "assessee" amounted to an expense on advertisement and that the expense has been wrongly disallowed by the Tribunal. .....

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..... ounsel for the parties, we are satisfied that the claim as made by the assessee was tenable. The expense was for advertisement of the assessee-firm. It was rightly allowed by the Commissioner. The Tribunal was wrong in taking the view that the allotment of pages was only to satisfy the ego of certain persons. No such material has been pointed out by learned counsel for the Revenue. In view of t .....

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