2002 (11) TMI 77

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....JAIN J. -These are three cross-references by the Revenue and the assessee. Since a common statement of the case has been drawn up by the Income-tax Appellate Tribunal, Delhi Bench "B" (for short "the Tribunal"), these references are being disposed of by this common order. We have heard Mr. R.D. Jolly, learned senior standing counsel for the Revenue. No one appears on behalf of the assessee. ....

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....n handling export business, rent, printing and stationery, postage, telex, telephone and telegram, electricity and water, travelling, repair and maintenance of car, general repairs to buildings, bank charges, salary to the managing director, meeting fees, advertisement, bank interest, guarantee commission and depreciation of car?" Question at the instance of the Department: "Whether, on the ....

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....on 35B of the Act, in respect of the various items of expenditure, which include the expenses incurred on shipping and forwarding, audit fee, insurance, legal and professional charges, charity and donation and handling of export business carried on by the assessee. Since, in our opinion, the answer to the questions referred stands concluded by the decisions of the apex court, we deem it unnecessar....

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....y expenditure, on which weighted deduction has been claimed, has to be examined in the light of the provisions in the various sub-clauses and the onus to prove that he is entitled to weighted deduction under the said section lies on the assessee. It is pertinent to note that in the said decision the apex court has disapproved the logic of the view taken by the Special Bench in J. Hemchand and Comp....