2009 (3) TMI 50

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Kadam i/by M & M Legal Venture for the applicant. JUDGMENT R. S. Mohite, J - The questions of law referred to this Court under Section 156(1) of the Income-tax Act are as under :- At the instance of the assessee :- (1) "Whether on the facts and in the circumstances of the case the Appellate Tribunal was justified in rejecting the claim of the assessee company for weighted deduction u/....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on 35-C of the Income Tax Act. In the circumstances, for the same reasons as in the aforesaid judgment, question no.1(a) is answered in the affirmative and against the assessee. 3. As regards question no.1(b), we have answered the same in a judgment and order dated 18.3.2009 passed in Income Tax Reference No.3 of 1998. The said question has been answered in the affirmative and against the asses....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ch Centre cannot be said to be tool or implement for use by the cultivator. In a judgment given in Income Tax Reference No.315 of 1988 we have also held that the expenses on research cannot be granted on weighted deduction under Section 35-C. This being the position, in our view, depreciation of such research centre also cannot be granted under Section 35-C. The question no.1(c) is therefore, answ....