Law: Income Tax Act, 1961

Section: 35B

(a) Income-tax----Export markets development allowance---Weighted deduction---Burden of proof---Condition precedent---Expenditure must be spent wholly and exclusively on one of purposes mentioned in sub-clauses of S.35-B(1)(b)--Onus is on assessee to prove it---Indian Income Tax Act, 1961, S.35-B. (b) Income-tax--- ----Export markets development allowance---Weighted deduction---Appeal to Appellate Tribunal---Claim not made before I.T.O. or First Appellate Authority---Tribunal could not allow claim---Indian Income Tax Act, 1961, Ss.35-B & 254. (c) Income-tax--- ----Export markets development allowance---Weighted deduction--¬Commissioner paid to S.T.C. for sales made by it to parties outside India--¬Commission paid to middleman for purchase of goods for and on behalf of foreign buyer---Customs duty paid for sending gods to foreign branches--¬Not entitled to weighted deduction---Indian Income Tax Act, 1961, S.35-B. (d) Income-tax--- ---Reference---Export markets development allowance---Appeal to Appellate Tribunal---Tribunal whether right in law in admitting claim for weighted deduction which was not made before I.T.O. or C.I.T. (Appeals) and whether Tribunal was right in law in allowing weighted deduction on whole of E.C.G.C. charges---Tribunal was in error in not referring case and High Court was in error in not. calling for reference---Indian Income Tax Act, 1961. Ss.35-B & 256. When a claim for weighted deduction is made, it is for the assessee to satisfy the Income Tax Officer that the expenditure falls under any of the sub-clauses of clause (b) of section 35-B(1) of the Income Tax Act, 1961 The onus is on the assessee to prove that he is entitled to weighted deduction allowed under section 35-B. In order to get this deduction, the assessee will have to prove that the expenditure was incurred during the previous year wholly and exclusively for the purposes set out in clause (b) of section 35-B(1). There cannot be any blanket allowance of the expenditure nor can there be any blanket disallowance. Every case has to be discussed specifically and the expenditure must be found to be of the nature.' Mentioned in any one of the sub-clauses. If the…

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