TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Court denies weighted deduction claim under Income-tax Act for various expenditures. Expenses not eligible under Section 35B.</h1> <h3>Parshuram Pottery Works Co. Limited Versus Commissioner Of Income-Tax</h3> Parshuram Pottery Works Co. Limited Versus Commissioner Of Income-Tax - [1993] 204 ITR 458, 104 CTR 276, 64 TAXMANN 184 Issues:Claim for weighted deduction under section 35B of the Income-tax Act, 1961 on various expenditures incurred by the assessee.Analysis:The judgment pertains to a reference under section 256(1) of the Income-tax Act, 1961, where the Tribunal referred a question regarding the justification of rejecting the claim of the assessee for weighted deduction under section 35B of the Act on specific expenditures. The assessee, a public limited company engaged in the manufacture and sale of sanitary ware, claimed a deduction of Rs. 1,40,545 during the assessment period of 1976-77. The Income-tax Officer rejected the claim stating that the expenses were incurred in India and did not fall within the activities specified in section 35B. The Commissioner upheld the disallowance of certain items but allowed others. The Tribunal, following a previous decision, confirmed the Commissioner's view.Regarding specific items of expenditure, the judgment notes that details for inspection fees, postage, telephone, and miscellaneous expenses were not provided, making it impossible to determine eligibility for deduction under section 35B. Expenses related to transport, such as dock dues, wharfage, cart and cooly hire, and railway freight, were deemed not allowable under section 35B. The judgment cited a previous case to support this decision. Octroi expenses were also found ineligible for deduction under section 35B as they did not fall within any relevant clause.Consequently, the court concluded that the assessee was not entitled to claim weighted deduction on the mentioned expenditures under section 35B of the Act. The Tribunal's decision to reject the claim was deemed justified based on the facts and circumstances of the case. The question was answered in the affirmative against the assessee, and the reference was answered accordingly, with no order as to costs.
TaxTMI 