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Commissioner of Income-tax Vs. Sakthi Sugar Ltd. - Court Judgment

SooperKanoon Citation

Subject

Direct Taxation

Court

Chennai High Court

Decided On

Case Number

Tax Case No. 114 of 1991 (Reference No. 49 of 1991)

Judge

Reported in

[2002]254ITR605(Mad)

Acts

Income-tax Act, 1961 - Sections 35C

Appellant

Commissioner of Income-tax

Respondent

Sakthi Sugar Ltd.

Appellant Advocate

Chitra Venkataraman, Adv.

Respondent Advocate

P.P.S. Janardhana Raja, Adv.

Excerpt:


- r. jayasimha babu , j.1. the finding is a finding of fact. the tribunal has observed that the expenditure was incurred on the staff of the company engaged in rendering service to the agriculturists. it is also to be noted that the revenue had not controverted that position.2. the question referred to us as to whether the tribunal was right in law in holding that the assessee is entitled for weighted deduction under section 35c in respect of the expenditure incurred by way of salary, bonus, ex gratia production incentive, etc., to the employees who are involved in the purchase of sugarcane, is, therefore, answered in favour of the assessee and against the revenue.

Judgment:


R. Jayasimha Babu , J.

1. The finding is a finding of fact. The Tribunal has observed that the expenditure was incurred on the staff of the company engaged in rendering service to the agriculturists. It is also to be noted that the Revenue had not controverted that position.

2. The question referred to us as to whether the Tribunal was right in law in holding that the assessee is entitled for weighted deduction under section 35C in respect of the expenditure incurred by way of salary, bonus, ex gratia production incentive, etc., to the employees who are involved in the purchase of sugarcane, is, therefore, answered in favour of the assessee and against the Revenue.


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