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Judgment
By the Court - Petition u/s 256(2) of the IT Act, 1961 for the asst. yr. 1075-76 praying that the Hon''ble Court be pleased to direct the Tribunal to refer the following questions to the High Court which arise out of the aforesaid order of the Tribunal :
Name of item
Amount
Export Inspection fee
27,050
Telephone bills
189
Salaries (of the employees handling export business)
1,01,633
25% rejected
Export expenses
1,260
Export shipping expenses
14,07,605
Exchange difference
10,658
Export packing & forwarding
9,90,657
Bank interest on export business
2,04,760
Bank Commission (on F.B.P.)
19,690
Export Insurance
1,31,456
Stationery & Printing
17,471
50% rejected
Export Management and supervision
12,000
25% rejected charges
(ii) Whether the Appellate Tribunal is right in law in taking a divergent view by not following their earlier decision in the case of M/s Roadmaster Industries (Pvt.) Ltd. Rajpura in I.T.A. No. 463 of 1977-78 for the assessment year 1974-75 on the allowance of weighted deduction in respect of expenditure incurred on freight and insurance of goods exported outside India under sub-clause of s. 35B (1)(viii) ?
(iii) Whether the Appellate Tribunal is right in confirming the disallowance out of the salary paid to Driver of Rs. 2,625 by not following the earlier decision in ITA No. 981 (Asr)/1976-77 of 1980 for the asst. yr. 1974-75.
(iv) Whether the Appellate Tribunal is right in upholding the disallowance in the following business expenditure :
Puja Expenses
Rs. 1,577
Leave with wages
" 2,960
Entertainment expenses
" 3,163
(Petition admitted)