9911796707
TMI Blog1998 (3) TMI 68X X X X Extracts X X X X X X X X Extracts X X X X ..... J.---Three common questions of law have been referred to us at the instance of the assessee relating to its two assessment years 1982-83 and 1983-84 for our consideration : "1. Whether, on the facts and circumstances of the case, the Tribunal was right in following the earlier order and holding that remuneration paid to Sri J. Wood and K. J. Wells is to be taxed under the provisions of section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowance to be disallowed under the abovesaid provisions. The claim of the assessee was that the entire remuneration paid to its foreign directors and employees should altogether go out of the reckoning to determine the ceiling under section 40A(5) or 40(c) of the Act on the ground that it was an exempted income. The Tribunal, however, has taken a view that the exclusion under the above provision w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is not disputed that the earlier decision of this court in Lucas TVS Ltd.'s case [1997] 226 ITR 281would apply to the facts of this case, and following the said decision our answer to the first two questions of law is in the affirmative and against the assessee. The third question relates to the claim of deduction under section 35B of the Act. The orders of assessment with which we are concerned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... weighted deduction. We are of the view that certification expenses as well as expenses incurred by way of warranty claims do not fall within any of the amended clauses of section 35B of the Act, and, therefore, the claim of the assessee must necessarily fail, as the expenditure incurred or expenses incurred do not fall within the ambit of section 35B of the Act. Accordingly, our answer to this que ..... X X X X Extracts X X X X X X X X Extracts X X X X
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