Cit Vs. Kraft Palace

counsels: a.n. mahajan, for the revenue shambhoo chopra, for the assessee. head note: income tax export markets development allowance--weighted deductioncounter sales to foreigners against foreign currencyheld: assessee was not entitled for weighted deduction for sales made to foreign tourists at its counter/showroom against foreign exchange. income tax act, 1961 s.35b in the allahabad high court r.k. agrawal & prakash krishna, jj. - indian penal code, 1860 [c.a. no. 45/1860]. section 302; [m.c. jain, r.c. deepak & k.k. misra, jj] murder plea as to accused being minor school register and transfer certificate not proved before court according to law held, it has to be ignored and question of age is to be determined on other evidence and circumstances surfacing on record. age determined on the basis of x-ray plates and report prepared by c.m.o., is the correct age of accused. accused was declared to be child on the date of commission of offence of murder. however, considering fact that now accused was around 41 years, he cannot be sent to approved school. accused was directed to pay fine of rs.25,000/- under section 302 i.p.c., amount of fine was directed to be paid as compensation to wife of deceased. mohammad - 4. it is well settled that the weighted deduction under section 35b of the act is admissible if the case falls under any of the clauses of section 35b of the act, as held by the apex court in the case of cit v.order1. the income tax appellate tribunal, delhi has referred the following question of law under section 256(1) of the income tax act, 1961, hereinafter referred to as the act, for opinion to this court.'whether on the facts and in the circumstances of the case, the income-tax appellate tribunal has come to a correct legal conclusion in holding that the assessee firm is entitled to weighted deduction in respect of expenditure incurred in india which is attributable to the sales made by the firm to the foreign tourists at the counter in agra?'2. briefly stated the facts giving rise to the present reference are as follows:the reference relates to the assessment year 1979-80. the respondent/ assessee is a registered firm and enjoys income from purchase and sale of items made of marbles and clothes mostly to the foreign tourists during assessment years in question. it claimed weighted deduction under section 35b of the act in respect of sales made by it to foreign tourists at its counter/ showroom against foreign exchange. the claim was not accepted by the income tax officer which was upheld by the commissioner, income-tax (appeals). however, the tribunal, has accepted the claim and directed allowance of weighted deduction under section 35b in respect of the claim made by the respondent towards sales made to the foreign tourists at its counter/showroom.3. we have heard shri a.n. mahajan, learned standing counsel for the revenue. shri shambhu chopra, learned counsel for the respondent/ assessee stated that he has no instructions in the matter.4. it is well settled that the weighted deduction under section 35b of the act is admissible if the case falls under any of the clauses of section 35b of the act, as held by the apex court in the case of cit v. stepwell industries ltd. : [1997]228itr171(sc) , this court in the case of cit v. ganeshi lal & sons : [2004]266itr203(all) has held that weighted deduction under section 35b of the act is not admissible to the sales made.....