COMMISSIONER OF INCOME TAX Vs. ASHOK LEYLAND LIMITED

JUDGEMENT

(1.) FOR the assessment year 1980-81, four questions have been referred to us at the instance of the revenue. The question identical to the first question was considered in a case concerning the same assessee in T. C. No. 846 of 1993CIT v. Ashok Leyland Ltd., 2001 250 ITR 452 , decided on 21-2-2001, wherein, it was held that except the fee paid by the assessee to the export promotion council, the other claims for weighted deduction, viz., salary paid to its employees engaged in export work, interest paid, on post shipment credit, bank charges and commission are not to be given weighted deduction. Similar answer is required to be and is recorded for this assessment year as well. The benefit of section 35B of the Income Tax Act, 1961, is, therefore, to be given to the assessee only in respect of the fee paid by it to the export promotion council.

(2.) THE first part of the second question concerns the correctness of the Tribunal's view that the additional ground could be allowed to be raised for the first time before it. THE view of the Tribunal is correct. THE Apex Court has, in the case of National THErmal Power Co. Ltd. v. CIT, 1998 229 ITR 383 , held that it is within the jurisdiction of the Tribunal to entertain a new ground for the first time, if the facts required for answering the new plea are available on record. That part of the question is answered against the revenue.