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1989 Supreme(P&H) 768

S.S.KANG, JAI SINGH SEKHON
Hmm Ltd. – Appellant
Versus
Commissioner Of Income-tax – Respondent


Judgment

Jai Singh Sekhon, J.

1. The following question has been referred for the opinion of this court by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh, under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), at the instance of the assessee :

"Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was right in holding that no weighted deduction is allowable in respect of inspection and supervision charges, bank charges, cost of excise revenue stamps and miscellaneous expenses and also for 50% of expenditure on stationery ?"

2. A brief resume of facts relevant for disposal of this reference is that the applicant-assessee is a limited company. The controversy relates to the income-tax assessment year 1977-78 for which the relevant previous year ended on March 31, 1977. In the course of the assessment proceedings, the assessee had claimed weighted deduction under Section 35B of the Act in respect of expenditure amounting to Rs. 10,62,723. The Income-tax Officer allowed the claim of the assessee in respect of all the items other than freight expenses, octroi duty, insurance charges, loading and unloading






























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