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TMI Blog2004 (9) TMI 709X X X X Extracts X X X X X X X X Extracts X X X X ..... rawing weighted deduction in respect of Rs. 46,354 and Rs. 53,553 granted in the assessment under section 35B(1)(b)(ix) of the Income Tax Act, 1961?" 2. Briefly stated the facts giving rise to the present reference are as follows:- The respondent, a registered firm, carried on business of manufacture and export of shoe uppers. The assessment year under reference is 1981-82 for which the accounting period was the financial year ending 31-3-1981. 3. The respondent agitated the assessment framed on 24-3-1983 on various counts. However, though some relief was given, the CIT(A) withdrew weighted deduction in respect of two items of Rs. 46,354 and Rs. 53,553 stated to be incurred in respect of export inspection charges and quality contro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les, 1962 with effect from 1-8-1981 and was, therefore, not available for the assessment year 1981-82 as the previous year relevant to the assessment year 1981-82 ended on 31-3-1981. According to him, the law as is in force on the first day of the assessment year is applicable and, therefore, the Tribunal has committed error in holding that as soon the activities referred to in sub-clause (ix) was prescribed the same was to be read as part of sub-clause (ix) is incorrect. He relied upon the following two decisions : 1. CIT v. Moran Tea Co. (India) Ltd. [1992]194ITR429(Cal) . 2. CIT v. Bishnauth Tea Co. Ltd. [1992]197ITR150(Cal) . 7. Having heard the learned counsel for the revenue, we find that it is not in dispute that rule 6AA, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave any retrospective operation in respect of the assessment year 1980-81, although the assessment for the assessment year in question was completed after rule 6AA came into force." (p. 155) 10. We find that the Gauhati High Court in the case of CIT v. Assam Frontier Tea Ltd. MANU/GH/0042/1996 has held that rule 6AA is a substantive law and there is no indication from the rule-making authority that it will have retrospective effect. The Gauhati High Court has agreed with the view taken by the Calcutta High Court in the case of Bishnauth Tea Co. Ltd. (supra). 11. We are in respectfully agreement with the view taken by the Calcutta High Court in the case of Bishnauth Tea Co. Ltd. (supra) and Gauhati High Court in the case of Assam Fron ..... X X X X Extracts X X X X X X X X Extracts X X X X
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