2002 (11) TMI 28

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....tance of the assessee, the Income-tax Appellate : Tribunal, New Delhi (for short "the Tribunal"), has referred under section 256(1) of the Income-tax Act, 1961 (for short "the Act"), the following question for our opinion: "Whether, on the facts and in the circumstances of the case, the expenditure of Rs. 61,873 on account of sale of goods to the foreign tourists in return of foreign exchange w....

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....he question of deduction under section 35B of the Act did not arise. He, accordingly, rejected the claim made by the assessee under the said section. Aggrieved, the assessee preferred appeal to the Appellate Assistant Commissioner of Income-tax (for short "the AAC") but without any success. The matter was taken up in further appeal to the Tribunal. While dismissing the assessee's appeal, the Tr....

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....y the Income-tax Officer that the expenditure falls in one of the sub-clauses to clause (b) of section 35B(I), their Lordships of the Supreme Court held that the expenditure which qualifies for deduction under section 35B(1)(b)(iii) will have to be expenditure incurred outside India in connection with distribution, supply, or provision outside India of such goods, services or facilities. In vie....