1998 (11) TMI 110

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....-The following question of law, for the assessment year 1979-80 has been referred for opinion by the Income-tax Appellate Tribunal, Chandigarh Bench (for short, "the Tribunal") : "Whether, on the facts and in the circumstances of the case, on the proper interpretation of section 35B of the Income-tax Act, 1961, the Appellate Tribunal was right in law in allowing weighted deduction on the follow....

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....;    1,850" The assessee exported hosiery goods. The assessee paid commission, service charges and subscription to various agencies. Deductions under section 35B of the Income-tax Act, 1961 (for short, the Act), were claimed on such payments. The Assessing Officer noticed that the sums of Rs. 25,846 and Rs. 16,750 had been paid to Wool and Woollen Export Promotion Council (WWEPC)....

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.... of the sub-clauses of clause (b) of section 35B(1) of the Act. The Assessing Officer observed, after considering various sub-clauses, that there was no evidence on record to show that the payments were made wholly and exclusively for the purposes specified in the sub-clauses. The Assessing Officer, therefore, did not allow deduction on the aforesaid payments under section 35B of the Act. The C....