COMMISSIONER OF INCOME TAX Vs. GOODRICKE GROUP LTD

JUDGEMENT

(1.) THE Tribunal has referred the following questions set out at p. 2 of the paper book, for our opinion :

(2.) THE assessee is M/s Goodricke Group Ltd. The assessment year is 1980-81. The assessee is a resident company, derived income from sale of tea manufactured out of leaves grown in its own garden. During the assessment year the assessee has claimed weighted deduction under S. 35B of the Act, on export market development allowance which includes the commission paid to UK selling agent for the purpose of maintenance of any agency for the promotion of sales outside India. The claim of the assessee was rejected by the ITO. In appeal before the CIT(A), the CIT(A) has confirmed the view taken by the ITO. In the second appeal before the Tribunal, the Tribunal has allowed the claim of the assessee under S. 35B(1)(iv) of the Act, 1961.

(3.) THE learned counsel for the Revenue supported the decision of the Tribunal.