1987 (3) TMI 35

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..... has been, at the instance of the Revenue, referred to us by the Income-tax Appellate Tribunal, Cochin Bench: " Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that expenses incurred by the assessee by way of customs duty paid in the United States of America are entitled to weighted deduction under section 35B of the Income-tax Act ? " The crucia .....

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..... in K. E. Kesavan Co. v. CIT (which is appended to our judgment in [1986] 158 ITR 608 (Ker)), the duty paid in the course of such carriage was not an allowable expenditure in terms of the aforesaid provision. This is a fact which is yet to be found, and which is required to be found, and the question referred cannot be answered until then. Accordingly, we decline to answer the question referred. .....

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