1997 (8) TMI 51

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....ts and in the circumstances of the case, the Tribunal is right in law in allowing weighted deduction under section 35B in respect of salary and bonus payments to Shri Raj Kumar and Shri Sohan Lal and to other employees and also in respect of expenses incurred on telex and stationery ?" The facts relevant to the aforesaid question, in short, are: The relevant assessment year is 1978-79, accounting period of which ended on March 31, 1978. The assessee claimed weighted deduction under section 35B of the Act amounting to Rs. 97,834 in respect of several expenses incurred by him for development of exports. The Income-tax Officer accepted the claim for weighted deduction in respect of commission on exports worth Rs. 37,423.56, foreign trave....

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.... of the expenditure incurred under these two heads for the purposes of allowing weighted deduction. The Revenue filed a further appeal before the Tribunal which was rejected. The order of the Commissioner of Income-tax (Appeals) was affirmed. Thereafter, the Revenue filed a petition under section 256(1) of the Act for referring the questions of law arising from the order of the Tribunal to this court for its opinion. Although the Revenue had claimed three questions of law, said to be arising from the order of the Tribunal, but the Tribunal has referred only one question to this court for its opinion, which has been reproduced in the earlier part of the judgment. Under the question referred to us, it has to be considered whether the Tr....