2000 (9) TMI 11

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....VE J.-At the instance of the assessee, the following questions have been referred to this court for the assessment years 1978-79 and 1979-80 for its opinion under the provisions of section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"): Questions for the assessment year 1978-79: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in ....

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....which he was in foreign country should be considered for the purpose of determining the disallowance under sub-section (5) of section 40A of the Income-tax Act, 1961?" So far as the first question referred to this court for the assessment year 1978-79 and the question referred to this court for the assessment year 1979-80 is the same, we answer the said question by a common answer. We have h....

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....uction Ltd. [1998] 230 ITR 485, that when an employee is given salary in respect of any period of his employment outside India, the amount of salary paid to such an employee would not be subject to disallowance under sub-section (5) of section 40A. In view of the law laid down by the Supreme Court, it is clear that the assessee will get deduction of the amount of salary paid to an employee, who wa....

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....ion has also been covered by the judgment deli vered in the case of CIT v. M. M. Khambhatwala [1992] 198 ITR 144 (Guj). The assessee had paid freight and insurance charges to the tune of Rs.1,37,639 in the process of exporting goods and the assessee had claimed weighted deduc tion under section 35B of the Act. It has been held in the case of CIT v. M. M. Khambhatwala [1992] 198 ITR 144 (Guj), that....