1981 (6) TMI 50

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....partly allowed the appeal against the order dt. 11th Feb., 1980 of the 12th ITO, D-I Ward, Bombay. 2. In this appeal, the first ground is that on the facts and in the circumstances of the case, the CIT(A) erred in directing the ITO to allow weighted deduction under s. 35B on Rs. 1,27,790 being expenditure incurred on reassessment charges. 3. Shri Patil, at the outset, stated that the assesse....

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....nd before the Tribunal and the Tribunal has to determine it. 6. On the other hand, in rebuttal Shri Patil contends that this appeal is by the ITO on the issue which he himself has determined vide his rectification order and thereby allowed the claim of the assessee and, as such, the ITO should have no grievance. That being so, the aforesaid ground of appeal is infructuous. 7. On hearing the ....

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....s. 35B on 75 per cent of the total salary paid by the assessee on the grounds that the business of the assessee was export-oriented and 90 per cent of the turnover was on account of export sales, following the decision of the Special Bench of the Tribunal in the case of J. Hemchand & Co. 9. Before us in rebuttal the ld. Deptl. Rep. has admitted that the issue involved in the ground is covered b....

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....ase, the CIT(A) should have held that only 50 per cent of the expenditure incurred on rent, electricity and stationery are entitled for weighted deduction under s. 35B. 13. Shri Srinivasan ld. Deptl. Rep., contends that in view of the decision in the case of J. Hemchand & Co. weighted deduction has to be allowed to the assessee at the rate of 50 per cent on the expenditure incurred on rent, ele....