TMI Blog1998 (9) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... nue for the opinion of the High Court "Whether, on the facts and circumstances of the case, the assessee is entitled to weighted deduction under section 35B of the Income-tax Act, 1961, in respect of the sum of Rs. 5,43,G28 representing expenditure oil refining, melting and handling charges ?" From the statement of the case drawn up by the Tribunal, it appears that the assessee was engaged i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing Officer forming in opinion that the same was incurred wholly and exclusively in respect of export business carried on by the assessee. The Commissioner of Income-tax, on examining the assessment records formed an opinion that the order of the Income-tax Officer permitting the above said claim was prejudicial to the interests of the Revenue. The Commissioner of Income-tax formed an opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... out its purity they paid the sale proceeds to the assessee deducting from the sale proceeds the said expenses on refining, handling and melting. The Income-tax Officer is right in his allowing the assessee deduction under section 35B on these expenses." Accordingly, the Tribunal set a-side the order of the Commissioner of Income-tax and restored the order' of the Income-tax Officer. The aggri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndia, but the performance of services must have been outside India. It may be in connection with or even incidental to the execution of any contract for the supply outside India of such goods, etc. In the case at hand, it is clear from the statement of the facts of the case that fulfillment of the contract for the supply of the silver depended on the satisfaction of the importer as to the purity o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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