9911796707
TMI Blog2007 (7) TMI 212X X X X Extracts X X X X X X X X Extracts X X X X ..... f law as formulated in para 5 really pertains to weighted deduction. With the above a few facts may now be set out. The Assessing Officer rejected the assessee's claim of deduction under section 35B. The Commissioner of Income-tax (Appeals) accepted in principle that the assessee was entitled to deduction under section 35B. The Assessing Officer thereafter made certain orders for giving effect to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction for the items aforestated other than salary and, therefore, held that these items would be eligible for weighted deduction to the extent of 50 per cent. of the expenses. The Tribunal concurred with the finding of the Commissioner of Income-tax (Appeals) that the salaries, allowances, provident fund contribution to the employees in overseas branches should be held eligible to the extent of 25 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e light of that the Assessing Officer was directed to recompute the weighted deductions to the assessee under section 35B of the Act in accordance with the Act for both the assessment years 1980-81 and 1981-82. The Tribunal also noted that the assessee's appeal for the assessment year 1981-82 there are some grounds of appeal of which ground No. 2 seeks that the entire income of the assessee's Sin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ehalf of the respondents to the judgment in the CIT v. Piramal Spinning and Weaving Mills Ltd. [1980] 124 ITR 408 (Bom) to contend that the percentage which should be allowed to the assessee by way of weighted deduction was a question of estimation to be arrived at on the facts and the materials on the record and did not give rise to any question of law for reference to the High Court. In our opi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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