9911796707
TMI Blog1988 (12) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1961, is made at the instance of the assessee in regard to the assessment years 1967-68 to 1970-71. Three questions are raised which read thus "(i) Whether, on the facts and in the circumstances of the case, for the purposes of section 40(c)(iii)/40(a)(v), what is to be taken into account is the value of the benefit or amenity or perquisite in the hands of the employee on account of any exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd. v. CIT [1984] 145 ITR 793 (Bom), the first question must be answered in the negative and in favour of the Revenue and the second must be answered in the negative and in favour of the assessee.. These questions are, accordingly, so answered. The third question which is contested arises in relation only to the assessment year 1970-71. The assessee is a resident company. It derives income from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions in regard to export markets development allowance that had appeared in the earlier Finance Acts. It also gave due regard to what it considered to be the rationale of section 35B. For our purposes, the relevant portions of section 35, which deal with export markets development allowance, are these: "(1)(a) Where an assessee, being a domestic company or a person (other than a company) w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of any contract for the supply outside India of such goods, services or facilities." it is not in dispute that the assessee satisfied all the requirements of section 35B, except in regard to the requirement, according to the Revenue, that the export should be made from India. To get the advantage of the deduction under section 35B, the expenditure has to be incurred wholly and exclusively on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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