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TMI Blog1991 (12) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to us for our opinion the following question under section 256(1) of the Income-tax Act, 1961 ("the Act", for short) : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in confirming the disallowance of weighted deduction under section 35B of the Act, of a sum of Rs. 2,08,438 comprising of (i) freight, cartage and shipping charge Rs. 1,59,375 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Insurance 20,418 3. Packing charges 13,841 4. Carting 3,516 5. Freight 9,887 6. Insurance 93 7. Membership fees 183 8. Bank commission 1,125 The assessee carried the matter further to the Tribunal. It was pointed out before the Tribunal by the Revenue that the said issue was covered by the decision of the Special Bench in the case of J. Hemchand and Co. (I. A. Nos. 3255 an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncerned, we may mention that it does not fall in any of the subclauses of section 35B(1)(b) of the Act. As regards item No. 8 as aforesaid, relating to bank commission, we may say that it is also not allowable for weighted deduction and it is also covered by our decision rendered today in Income-tax Reference No. 94 of 1982 (Isabgul Export Corporation v. CIT [1994] 205 ITR 227 (Guj)). In the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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