1994 (10) TMI 51

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.... T. L. VISWANATHA IYER J.---The Income-tax Appellate Tribunal, Cochin Bench, has referred the following three questions for our consideration and opinion, namely : " 1. Whether, on the facts and in the circumstances of the case, is the Tribunal justified in holding that the contribution to the Coir Promotion Fund, viz., Rs. 29,594, is eligible for weighted deduction under section 35B of the In....

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....(Coch.) of 1980. That decision has come up to this court in reference, Income-tax Reference No. 317 of 1982, when questions similar to questions Nos. 2 and 3 mentioned above were referred as questions Nos. 1 and 2 therein. There was yet another reference made to this court in the assessee's own case which was disposed of by the Division Bench of this court in CIT v. Orion Coir Mats and Matting Man....

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....e matter back to the Tribunal for fresh consideration according to law. We are also in the same position so far as questions Nos. 2 and 3 are concerned. Since the order of the Tribunal on which the present order is passed stands directed to be reconsidered in Income-tax Reference No. 317 of 1982, we feel that these questions also require reconsideration in the light of the observations contained i....

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....d by the assessee and hence is not entitled to weighted deduction under section 35B. This decision squarely applies to the facts of the case. The contention raised by the assessee that expenses has been incurred when the payment was made to the Coir Board and that the only right of the Income-tax Officer is to invoke section 41 subsequently when the amount is returned does not appeal to us. Eviden....