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1993 (10) TMI 80

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.... 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has referred the following question of law to this court at the instance of the Revenue : Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal has rightly held that the assessee is entitled to weighted deduction under section 35B of the Income-tax Act, 1961, in respect of the expenditur....

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....urnkey basis. It paid salaries and allowances amounting to Rs. 3,95,625 to the staff engaged by it for submission of tenders and preparation and submission of plans and drawings for the above plant to be set up by it on turnkey basis in Kuwait. The assessee claimed weighted deduction under section 35B of the Act in respect of the said amount. The Income-tax Officer rejected this claim on the groun....

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....enue. Mr. G, S. Jetly, learned counsel for the Revenue, submits that the expenditure was incurred by the assessee in India and it has no direct nexus with the export of any goods and services out of India and, as such, it does not fall within the ambit of section 35B of the Act. We have carefully considered the above submission. We, however, find it difficult to accept the same in view of sub-cla....

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....ia itself. It is not necessary that the tenders should be prepared outside India or expenditure in connection with preparation thereof should be incurred outside India. What is required to be proved is that the expenditure is incurred by the assessee wholly and exclusively on the preparation and submission of tenders for supply or provision outside India of goods, services or facilities, dealt in ....