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TMI Blog2014 (9) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... t weighted deduction u/s 35C in respect of expenditure incurred on agricultural demonstration park at Bilaspur?" 2. The assessee company filed its return of income declaring total income of Rs. 43,81,456/. It is accompanied by other requisite details. The assessee company is in the business of manufacturing pharmaceuticals, tonics etc. The only issue from which this Reference arises is of a deduction claimed in terms of section 35C of the Income Tax Act, 1961. The basis for the same is that the assessee is disseminating information and that is in relation to its operations and activities undertaken at the Agricultural Demonstration park at Bilaspur. The Assessing Officer held that a careful reading of this provision would indicate that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer for the consideration of the deduction pertaining to dissemination of information, following that course, with regard to the expenditure on agricultural demonstration park at Bilaspur, the Income Tax Officer was directed to allow weighted deduction for assessment year 1974-75. 4. The matter was carried by the revenue in appeal to the Income Tax Appellate Tribunal. We are only concerned with the deduction in respect of the agricultural demonstration park at Bilaspur. The Tribunal held that in the assessee's own case, an order was passed by it for assessment years 1970-71, 1972-73 in Income Tax Appeal No.1847/(Bom)/1982. That order was passed by the Tribunal on 30th April, 1986. It follows that order for the assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rming, or advice on such techniques or methods. Mr. Mistry, therefore, submits that the view taken by the Tribunal in the prior assessment years is in consonance with the language of the section and which does not require for its application anything beyond what has been stated therein. It is not necessary that a research work must be read into this provision but can be so read and inferred from the language of clause (ii) of subclause (b) of subsection (1) of section 35C of the Act. 7. With the assistance of Mr. Suresh Kumar and Mr. Mistry, we have perused the paper book in this Reference and the order passed by the Tribunal in the case of the same assessee for the assessment years prior to one under question. The expenditure or deduction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f any goods, services or facilities specified in clause (b) to a person and not being a person referred to in section 40A(2)(b) who is a cultivator, grower or producer of such product in India, then, the company shall, subject to the provisions of the section 35C, be allowed the deduction of a sum equal to one and onefifth times the amount of such expenditure incurred during the previous year. Clause (b) refers to the goods, services or facilities and we are concerned with subclause (ii) dissemination of information on, or demonstration of, modern techniques or methods of agriculture, animal husbandry, or diary or poultry forming, or advice on such techniques or methods. Since the expenditure that is incurred in the present case and in rela ..... X X X X Extracts X X X X X X X X Extracts X X X X
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