Judgement

JUDGMENT :- The High Court answered the questions quoted below in the negative and in favour of the Revenue in the light of its earlier decision in I.T.R. Nos. 7 and 8 of 1982, Commissioner of Income-tax, Trivandrum v. M/s. C. Tharian and Sons, Cashew Exporters, Valakom, Kottarakkara, 166 ITR 607 : (1987 Tax LR 966).

1. Whether on the facts and in the circumstances of the case, the assessee is entitled to weighted deduction under clauses (i) and (ii) of Section 35-B (1) (b) of the Income-tax Act, 1961?

2. Whether on the facts and in the circumstances of the case the Tribunal is justified in holding that services rendered by the Agent, Nut Meat Trading Company, is not in connection with the distribution of the goods and is not the above finding wrong and unreasonable and based on conjectures and surmises?

3. Whether on the facts and in the circumstances of the case, the Tribunal is right in law and fact in holding that there are services rendered by the selling agent which come under sub-clauses (i) and (ii) of Section 35-B(1)(b). It is these services which are terminated only by the agents commission and are not the above findings wrong, unreasonable, perverse, based on surmi