TMI Blog1979 (10) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... application under s. 256(2) of the I.T. Act, 1961, the Commissioner of Income-tax, who is the petitioner, desires that this High Court should direct the Income-tax Appellate Tribunal to state a case and refer to this court the following question : " Whether, on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the assessee was entitled to weigh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... enses incurred in connection therewith as may be determined from time to time by the said committee and for incurring expenses in carrying on propaganda or publicity in India or abroad for the purpose of promoting exports of cotton textile products. Under r.5 of the Rules of the said Fund, out of this fund, payments were to be made to manufacturers, processors and exporters in respect of exports o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le/loom fees and for brokerage paid on export sales. He, however, disallowed the weighted deduction claimed on the said sum of Rs. 18,98,413 on the ground that the said amount was paid for import of cotton and it could not be considered as expenditure for promotion or development of export markets. On appeal by the respondents, the AAC held that the said sum of Rs. 18,98,413 was not paid to the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hallenging the correctness of the Tribunal's decision with respect to the quantum of percentage which the Tribunal had allowed by way of weighted deduction to the respondents. The said application was dismissed by the Tribunal on the ground that the petitioner had not challenged the finding of the Tribunal that the respondents were entitled to weighted deduction under s. 35B and all that they had ..... X X X X Extracts X X X X X X X X Extracts X X X X
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