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TMI Blog1984 (11) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... 2,220 for export inspection fees. The ITO, however, did not accept these claims made by the assess company while completing the assessment. When the matter went up in appeal, the CIT(A) agreed with the ITO on both of these issues and refused to interfere. The assessee-company has, therefore, come up in the present appeal before us. 3. The assessee's ld. counsel, Dr. Shah submitted to us that the retrospective amendment of s. 80J of the Act brought about by the Finance (No. 2) Act, 1980 w.e.f. 1st April, 1972 had been stayed by the Hon'ble Supreme Court. He further submitted that in these circumstances, it was not open to the revenue authorities to act on the retrospective amendment of s. 80J of the Act. Alternatively, he submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he meaning of s. 80J was an interim order an that too not in the assessee's case. He, therefore, submitted that on the issue of whether the borrowed capital should be included in the capital employed for the purpose of s. 80J the matter should be decided in accordance with the retrospective amendment of s. 80J brought about the Finance (No. 2) Act, 1980, w.e.f. 1st April, 1972. 6. Shri Roongta read to us cl. (c) of r. 6AA in order to point out that even under the activities prescribed under s. 6AA by the IT (Eighth Amendment) Rules, 1981, w.e.f. 1st Aug., 1981, the weighted deduction would have been admissible on maintenance of a laboratory or other facilities for quality control or inspection of goods and this will not apply where the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... weighted deduction under s. 35B (1) (b) (ix) of the Act will be admissible refers to the maintenance of a laboratory or other facility for quality control or inspection of goods. This will therefore, only apply where the assessee maintains a laboratory or other facility and not to payment made to others for inspection, or quality control of goods. The assessee is, therefore, not entitled even on a plain reading cl. (c), of r. 6AA to weighted deduction on export inspection fees. It is, therefore, not necessary for us to deal with there other submissions made before us whether this rule will apply only to expenses incurred on or after 1st August, 1981 or to all assessments or appeal proceedings pending on 1st August, 1981, i, e., the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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