TMI Blog1989 (1) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax Act, 1961 (hereinafter referred to as "the Act"), praying that the Income-tax Appellate Tribunal be directed to draw up a statement of case and refer the following two questions of law for the opinion of this court : 1. Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that weighted deduction under section 35B is allowable on Rs.. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r as it was dated January 29, 1981, whereas the Tribunal's order was passed on April 19, 1980. Mr. Wadera, appearing for the Commissioner of Income-tax, agrees that wrong order has been annexed and says that the copies of the order handed over by counsel for the assessee be taken on record. We direct accordingly. The relevant assessment year is 1976-77. Payment of Rs. 50,619 was made to the Expo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner of Income-tax moved an application under section 256(1) of the Act. The Tribunal noted the argument of counsel for the Commissioner that sub-clause (iii) of section 35B(1)(b) prohibits any allowance for insurance and freight. But the Tribunal rejected the application after noting the contention of counsel for the assessee that the company "merely insured against the creditworthiness of the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it". Consequently, we are of the opinion that question No. 1 is not a question of law and does not need to be referred. Coming to the second question which pertains to the expenses of printing and stationery, etc., it is clear that the finding regarding the portion of the expenditure to be allocated to export is a question of fact. In CIT v. Raunaq International Ltd. [1986] 158 ITR 701, a Bench ..... X X X X Extracts X X X X X X X X Extracts X X X X
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