WINTEX MILLS LIMITED Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE Tribunal ("the Tribunal", for short) has referred to us for our opinion the following question under S. 256(1) of the IT Act, 1961 ("the Act", for short) :

(2.) THE assessee is a company carrying on business in the manufacture and sale of art silk cloth. The relevant assessment year is 1978 79. For the said assessment year, the assessee claimed weighted deduction under S. 35B of the Act in respect of a total sum of Rs. 2,08,438. Out of the above sum, both the ITO as also the CIT (A) ("the CIT", for short), declined to give reliefs under s. 35B of the Act in respect of the following items of expenditure claimed by the assessee :

(3.) IN so far as items Nos. 1, 2, 3, 4, 5 and 6 are concerned, they fall within sub cl. (iii) of cl. (b) of sub s. (1) of S. 35B of the Act. It is apparent from the above sub cl. (iii) that the aforesaid items of expenditure are not allowable by way of export markets development allowance. We may also mention that, in so far as those items of expenditure are concerned, they are covered by the decision of this Court delivered today, i.e., 5th Dec., 1991, in the case of Isabgul Export Corporation vs. CIT (1993) 200 ITR 797 (Guj), in IT Ref. No. 95 of 1982.