Common parlance test for "book" under section 80QQ allowed deduction for a student-oriented publication.

A student-oriented publication in question-and-answer form was treated as a "book" in common commercial understanding for deduction under section 80QQ. The court examined the publication as a whole and found that it was not a brochure, tract, pamphlet, magazine, journal, diary or newspaper, nor a publication of a similar nature within the statutory exclusion in sub-section (3). On that basis, the publication qualified for the deduction, and the reference was answered in favour of the assessee.

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Issues: Whether the assessee's publication qualified as a "book" for the purpose of deduction under section 80QQ of the Income-tax Act, 1961, or was excluded as a publication of a similar nature to brochures, tracts, pamphlets, magazines, journals, diaries or newspapers under sub-section (3).

Analysis: The publication was examined as a whole and was found to be a book in common parlance, consisting of questions and answers intended to assist students preparing for examinations. It was not a brochure, tract or pamphlet, nor any publication of a similar nature within the exclusion in sub-section (3). The Tribunal's finding that the publication did not answer the statutory exceptions was upheld.

Conclusion: The publication was entitled to the benefit of deduction under section 80QQ, and the question referred was answered in the affirmative, in favour of the assessee.

Ratio Decidendi: A student-oriented publication in book form, judged by its ordinary commercial understanding, is a "book" for section 80QQ unless it falls within the specific statutory exclusions in sub-section (3).

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