TMI Blog2009 (3) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... bsidy – Tribunal is justified in disallowing the claim of assessee for weighted deduction on above expenses and depreciation - 699 of 1998 - - - Dated:- 18-3-2009 - F. I. Rebello R. S. Mohite, JJ Mr. P. S. Sahadevan for the respondent. Mr. J. D. Mistry with Ms. Payal Parikh, Ms. Nikita Kadam i/by M M Legal Venture for the applicant. JUDGMENT R. S. Mohite, J - The questions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w, question no.1(a) is covered by a judgment passed in Income Tax Reference No.315 of 1988 wherein in respect of the same assessee and on a similar factual background, we have held that expenses on distillation services provided to the cultivator would not be admissible for deduction under Section 35-C of the Income Tax Act. In the circumstances, for the same reasons as in the aforesaid judgment, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 988 we have already held that the expenses on scientific farming in respect of the agricultural farm belonging to the assessee and cultivated through their own staff cannot be allowed a weighted deduction under Section 35-C of the Income Tax Act. In our view, the asset used for Agricultural Research Centre cannot be said to be tool or implement for use by the cultivator. In a judgment given in Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acilities in respect of fertilizers may be considered for grant of weighted deduction. In our view, if cash subsidy is granted in relation to the purchase of fertilizers that would be no different than providing services relating to supply of fertilizer. Such services or facilities would be covered by section 35-C (1) (b) (ii) of the Income Tax Act. We find no error in the reasoning and finding of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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