1997 (2) TMI 20 - HC - Income Tax

Weighted Deduction Powers Of High Court Export Market Development Allowance Reference Export Promotion

Summary

Issues:
1. Entitlement to weighted deduction under section 35B of the Income-tax Act for commission paid to another company.

Analysis:
The case involved a company engaged in manufacturing automobile components that claimed weighted deduction under section 35B of the Income-tax Act for a commission paid to another company for export promotion expenses. The Income-tax Officer initially disallowed the claim, stating that the expenditure was for sales promotion and not covered under section 35B. However, the Commissioner of Income-tax (Appeals) found that the expenses fell under specific sub-clauses of section 35B(1)(b) and allowed the deduction. The Appellate Tribunal upheld this decision, citing a previous case precedent and emphasizing that the expenditure was for procuring business in a foreign market, making the company eligible for the deduction.

The Appellate Tribunal also noted that the commission paid was a flat rate to a sister concern, different from other companies that paid a percentage of turnover. The Tribunal ruled that since the expenditure did not fall under a specific clause of section 35B, the company was entitled to the weighted deduction. The court further analyzed the provisions of section 35B, emphasizing that as long as the expenditure falls within the specified provisions and is not prohibited, the assessee can claim the weighted deduction, whether incurred directly or in association with others. The court agreed with the Tribunal's decision, stating that the company met the criteria for claiming the deduction under section 35B.

Regarding the specific issue of the commission paid for export to Yugoslavia, the Revenue argued against the deduction. However, the court found that since no such contention was raised earlier, and both expenses were treated similarly by the Tribunal, the Revenue could not introduce new arguments at that stage. Therefore, the court upheld the Tribunal's decision that the company was entitled to the weighted deduction for the commission paid to the sister concern, affirming the eligibility under section 35B of the Income-tax Act for the assessment year in question.