TMI Blog1985 (11) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... d this petition under section 256 (2) of the Income -tax Act for a mandamus directing the Tribunal to refer the three questions stated therein for the opinion of this court, However, at the time of arguments, the petition was pressed qua questions Nos. 1 and 2 only which read as under "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts, hosiery goods, vanaspati, ghee, etc., for the assessment year 1974-75, the annual return showing an income of Rs. 43,61,020 was filed but the said amount was later on reduced to Rs. 30,03,620 in the revised return filed on November 1, 1974. Though the commission/services charges paid to the STC/HHEC were duly entered in the return and deduction claimed on their count, further deduction thereon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent also did not controvert this stand of the Revenue but urged that the right to weighted deduction under section 35B having been upheld by the Central Board of Direct Taxes, the Department is bound by the same and as such it would be futile to get this question referred to this court. On question No. 1, he argued that the answer being self-evident and quite obvious, reference would serve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... velopment allowance. The expenditure qualifying for this weighted deduction is that incurred by the taxpayer during the previous year wholly and exclusively on the activities as given in sub-clauses (i) to (ix) of clause (b) of this section as it stood then." It is not disputed that the instructions issued by the Board are binding on the Department It would, therefore, be wholly futile to get th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... back by the Supreme Court in CIT v. Kanpur Coal Syndicate [1964] 53 ITR 225 and the rule reiterated recently in Atlas Cycle Industries Ltd v. CIT [1982] 133 ITR 231 (P H). In view of the said decision of the Supreme Court, the answer to question No. would be self-evident. In this situation, as held in CGT v. Smt. Kusumben D. Mahadevia [1980] 122 ITR 38 (SC), it would be futile to get the referen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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