1993 (9) TMI 102 - HC - Income Tax

Delhi High Court Upholds Weighted Deduction for Customs Duty Paid Abroad under Income-tax Act

The High Court of Delhi ruled in favor of the assessee, affirming their entitlement to claim weighted deduction under section 35B of the Income-tax Act ... Export Market Development Allowance, Weighted Deduction Issues:1. Whether customs duty paid by the assessee-firm outside India is an expenditure entitled to weighted deduction under section 35B(1)(b) of the Income-tax Act for the assessment years 1971-72, 1972-73, and 1973-74.Analysis:The High Court of Delhi was presented with three questions regarding the entitlement of the assessee-firm to claim weighted deduction under section 35B(1)(b) of the Income-tax Act for customs duty paid outside India. The Tribunal initially dismissed the claim, stating that the duty payment occurred before the distribution stage, rendering it ineligible for deduction. However, the Court disagreed, emphasizing that the customs duty expenditure was directly related to the distribution, supply, and provision of goods outside India. Citing a previous case, the Court highlighted that such expenses are integral to the process of supplying goods abroad. Therefore, the Court concluded that the assessee was entitled to the weighted deduction under section 35B.The Court's decision was influenced by the precedent set in the Handicrafts and Handloom Export Corporation of India case, where a similar scenario involving customs duty payment in the U.S.A. was deemed eligible for deduction. Drawing parallels, the Court affirmed that the customs duty paid in Japan and Canada by the present assessee was essential for supplying goods abroad. Consequently, the Court ruled in favor of the assessee, upholding their right to claim the weighted deduction under section 35B of the Income-tax Act.In conclusion, the Court answered the questions of law affirmatively and in favor of the assessee. The judgment highlighted the crucial connection between customs duty expenditure and the distribution of goods outside India, emphasizing the eligibility of such expenses for weighted deduction under section 35B. No costs were awarded in this matter.