2004 (9) TMI 709

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....eby reversing the CIT (A) order withdrawing weighted deduction in respect of Rs. 46,354 and Rs. 53,553 granted in the assessment under section 35B(1)(b)(ix) of the Income Tax Act, 1961?" 2. Briefly stated the facts giving rise to the present reference are as follows:- The respondent, a registered firm, carried on business of manufacture and export of shoe uppers. The assessment year under reference is 1981-82 for which the accounting period was the financial year ending 31-3-1981. 3. The respondent agitated the assessment framed on 24-3-1983 on various counts. However, though some relief was given, the CIT(A) withdrew weighted deduction in respect of two items of Rs. 46,354 and Rs. 53,553 stated to be incurred in respect of e....

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.... (8th Amendment) Rules, 1981 in the Income Tax Rules, 1962 with effect from 1-8-1981 and was, therefore, not available for the assessment year 1981-82 as the previous year relevant to the assessment year 1981-82 ended on 31-3-1981. According to him, the law as is in force on the first day of the assessment year is applicable and, therefore, the Tribunal has committed error in holding that as soon the activities referred to in sub-clause (ix) was prescribed the same was to be read as part of sub-clause (ix) is incorrect. He relied upon the following two decisions : 1. CIT v. Moran Tea Co. (India) Ltd. [1992]194ITR429(Cal) . 2. CIT v. Bishnauth Tea Co. Ltd. [1992]197ITR150(Cal) . 7. Having heard the learned counsel for th....