2004 (9) TMI 51

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....as a recognised export house and a small scale exporter who was manufacturing and producing articles and hence was entitled to weighted deduction under section 35B of the Income-tax Act, 1961, relying merely on the export house certificate dated February 19, 1979, was valid for the period February 19, 1979, to June 30, 1979, only which is after the relevant accounting year? 2. Whether, on the facts and in the circumstances of the case, the case of the assessee fell under the definition of small scale industrial unit as mentioned in section 35B(1A) Explanation (d) read with clause (2) of Explanation below section 32A(2) of the Income-tax Act? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holdi....

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....eets the requirement of law and therefore the respondent was a recognised export house and a small scale exporter entitled to weighted deduction under section 35B of the Act. We have heard Sri Govind Krishna, learned counsel for the Revenue. Nobody has put in appearance on behalf of the assessee. Learned counsel for the Revenue submitted that the export house certificate was effective from February 19, 1979, till June 30, 1979, and therefore could not have been taken into consideration, he submitted that the respondent did not fulfil the conditions mentioned in sub-section (1A) of section 35B of the Act and therefore weighted deduction under section 35B of the Act for the period April 1, 1978, onwards was not admissible. The contentio....

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....r, as the case may be, sub-clause (ii) of clause (a). Explanation.- For the purposes of this sub-section,- (a) 'small-scale exporter' means a person who exports goods manufactured or produced in any small-scale industrial undertaking or undertakings owned by him: Provided that such person does not own any industrial undertaking which is not a small-scale industrial undertaking; (b) 'Export House Certificate' means a valid Export House Certificate issued by the Chief Controller of Imports and Exports, Government of India; (c) 'provision of technical know-how' has the meaning assigned to it in sub-section (2) of section 80MM; (d) 'small-scale industrial undertaking' has the meaning assigned to it in clause (2) of the Explana....