(a) whether expenditure incurred on purchase of raw materials and payment of wages will qualify for weighted deduction within the meaning of section 35B; and (b) whether drafting of labour for execution of such a contract locally or abroad would make any difference in the claim for weighted deduction.
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Weighted deduction for cross-border services: labour costs may qualify while raw material costs generally do not. Clause (viii) of Section 35B permits weighted deduction only for expenditure incurred in the performance of services outside India in connection with or incidental to execution of a contract for supply outside India. Costs of raw material for fulfilling the contract generally do not qualify, while expenditure on supplying labour for executing the contract ordinarily qualifies, and the place of drafting that labour (locally or abroad) does not affect the claim; each case depends on its factual matrix.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Weighted deduction for cross-border services: labour costs may qualify while raw material costs generally do not.
Clause (viii) of Section 35B permits weighted deduction only for expenditure incurred in the performance of services outside India in connection with or incidental to execution of a contract for supply outside India. Costs of raw material for fulfilling the contract generally do not qualify, while expenditure on supplying labour for executing the contract ordinarily qualifies, and the place of drafting that labour (locally or abroad) does not affect the claim; each case depends on its factual matrix.
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