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TMI Blog2006 (9) TMI 164X X X X Extracts X X X X X X X X Extracts X X X X ..... is incurred for the purpose of export & not admissible only on the ground that it was part of business expenditure - CIT & ITAT have not gone into the correctness of findings recorded by AO – matter remanded - 52 of 1990 - - - Dated:- 15-9-2006 - ADARSH KUMAR GOEL and RAJESH BINDAL JJ. S.K. Garg Narwana, for the Commissioner. JUDGMENT 1. Following questions of law have been referre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction u/s 35B in respect of packing credit interest?" 2. The assessee is a firm engaged in the business of manufacturing, sale and export of hosiery goods. Accounts are maintained on mercantile basis. For the relevant year, the assessee claimed weighted deduction in respect of subscription to hosiery exporters association and to export promotion council, salary and bonus, salary, security an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee without examining the facts of this case. The deduction is permissible if the expenditure is laid out wholly and exclusively for the purposes mentioned in clause (b) of section 35B(1). It is for the assessee to prove that the entire expenditure involved was exclusively for the purposes mentioned in clause (b) of section 35B(1). The Tribunal has also to give a finding as to the entitlem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is incurred for the purpose of export and not admissible only on the ground that it was part of business expenditure. 6. The CIT (A) allowed the claim for weighted deduction without recording any finding that the expenditure was relatable exclusively for the purposes mentioned in clause (b) of Section 35B (1). The Tribunal also upheld the claim of the CIT (A) without any finding that the expen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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