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TMI Blog1991 (12) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal" for short) has referred to us, for our opinion, the following questions, under section 256(1) of the Income-tax Act, 1961 (" the Act for short) : " (1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that, in spite of the admitted fact that the business of the assessee consisted of 100% export, it was not entitled to weighted ded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estion ? " In our opinion, question No. 1 clearly brings out the controversy involved in this reference and questions Nos. 2 and 3 are mere repetitions of question No. 1 in a different form. Question No. 3, as framed, is misleading, inasmuch as the Tribunal has not taken the view to the effect that the assessee is not entitled to 100% deduction on all other items of expenditure except those refe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee are exported to foreign countries and it, therefore, claimed export markets development allowance or weighted deduction under section 35B of the Act in respect of the entire expenditure incurred by it. This claim for weighted deduction under section 35B was made in the course of income-tax assessments for the assessment years 1976-77 to 1978-79. The assessee was granted relief under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... herefore, have to read the questions as if they relate only to the remaining items of expenditure in respect of which weighted deduction under section 35B of the Act has not been allowed. The items of expenditure in respect of which the assessee has not been granted relief under section 35B of the Act are incurred in India and, since these items of expenditure, to the extent the assessee claimed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) telegram charges (foreign), (2) telephone charges (foreign), and (3) telex charges (foreign). So far as remaining items of expenditure are concerned, the assessee's claim was not seriously pressed. In view of the concession made by learned counsel for the assessee, the assessee is not entitled to claim weighted deduction in respect of the items of expenditure other than those in respect of wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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