9911796707
TMI Blog1981 (6) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... -I Ward, Bombay. 2. In this appeal, the first ground is that on the facts and in the circumstances of the case, the CIT(A) erred in directing the ITO to allow weighted deduction under s. 35B on Rs. 1,27,790 being expenditure incurred on reassessment charges. 3. Shri Patil, at the outset, stated that the assessee made an appeal as well as rectification application before the CIT(A) and the IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd, in rebuttal Shri Patil contends that this appeal is by the ITO on the issue which he himself has determined vide his rectification order and thereby allowed the claim of the assessee and, as such, the ITO should have no grievance. That being so, the aforesaid ground of appeal is infructuous. 7. On hearing the parties and going through the record before us, we are satisfied that the contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the business of the assessee was export-oriented and 90 per cent of the turnover was on account of export sales, following the decision of the Special Bench of the Tribunal in the case of J. Hemchand Co. 9. Before us in rebuttal the ld. Deptl. Rep. has admitted that the issue involved in the ground is covered by the decision of the Special Bench of the Tribunal in the case of J. Hemchand C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on rent, electricity and stationery are entitled for weighted deduction under s. 35B. 13. Shri Srinivasan ld. Deptl. Rep., contends that in view of the decision in the case of J. Hemchand Co. weighted deduction has to be allowed to the assessee at the rate of 50 per cent on the expenditure incurred on rent, electricity and stationery. 14. On the other hand, Shri Patil contends that the al ..... X X X X Extracts X X X X X X X X Extracts X X X X
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