1977 (10) TMI 23

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..... on the Commissioner has sought a reference to this court on two questions, but rule was issued at the stage of admission as regards the following question only : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to claim weighted deduction of Rs. 43,852 under section 35B of the Income-tax Act, 1961 ? " It was po .....

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..... is found, however, that the amount of export duty in respect of which weighted deduction is claimed by the assessee and allowed comes to only Rs. 1,437. As far as other heads of expenditure are concerned, it is urged that under items other than sub-clause (iii) there is no warrant for excluding expenditure incurred in India. It would appear that where the legislature desired to exclude the expend .....

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..... itled to a weighted deduction irrespective of whether the expenditure is incurred within or without India. It is true that in respect of export duty it may follow that benefit has been allowed o the assessee without proper application of mind. But as a very small amount is involved, it appears to us to be unnecessary to make the rule absolute and invite a reference In the circumstances, the rule .....

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