1986 (7) TMI 12

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... , ACTG. C. J. -This is a reference under section 256(1) of the Income-tax Act, 1961. The Tribunal has referred the following question for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the applicant is not entitled to deduction under section 35B in respect of the commission of Rs. 90,851 paid by it to the agents in In .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Commissioner of Income-tax (Appeals) was reversed by the Tribunal. The short question that falls for decision is "whether the claim of the assessee in regard to 50% of the commission paid in India to Indian agents could be considered for 'weighted deduction' under section 35B(1)(b)(ii) of the Income-tax Act as it stood then". It was urged for the assessee that if it is proved that the expenditur .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... " in its usual course of business ". Now, the assessee wants to state that 50% of that expenditure should be allowed for the purpose of weighted deduction. We do not know on what basis 50% of that amount has been claimed. In the absence of clear proof and separate accounts maintained for the purpose, we do not think that the conclusion of the Tribunal in negativing the claim of the assessee is in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X