1992 (7) TMI 32

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....4-75. The question referred at the instance of the Revenue under section 256(2) of the Income-tax Act, 1961, is : "Whether, on the facts and in the circumstances of the case, the assessee is entitled to weighted deduction under section 35B(1)(b) of the Income-tax Act, 1961, in respect of commission payments to Indian agents in India and sales expenditure on export-sales incurred in India ?" The....

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....5. There this court held that, in respect of such commission payment made to agents in India, the weighted deduction was available, having regard to the circular issued by the Central Board of Direct Taxes referred to in, the said judgment. Having regard to this decision, the question referred, in so far as it relates to commission payment to Indian agents in India, has to be answered in the affir....

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.... decision of the Special Bench in J. Hemchand and Co.'s case (I. T. A. Nos. 3255 and 3330/(Bom).of 1976-77) to the extent it has been adopted or incorporated by the circular of the Central Board of Direct Taxes dated December 28, 1981. Having regard to this decision, we decline to answer the question referred in so far as it relates to sales expenditure on export sales incurred in India and direct....