Commissioner of Income Tax vs Western India Plywoods Ltd.

T. Kochu Thommen, J.—The following questions have been, at the instance of the Revenue, referred to us by the Income Tax Appellate Tribunal, Cochin Bench :

"1. Whether, on the facts and in the circumstances of the case, the assessee is entitled to weighted deduction u/s 35B of the Income Tax Act for the assessment years 1975-76 and 1976-77 ?

Whether, on the facts and in the circumstances of the case and

(i) since the foreign buyer had, through the Indian agent, located the assessee,

(ii) the commission had been paid in India, the assessee is entitled to weighted deduction u/s 35B(ii) or (iii) or both ?"

In the light of our decision in I. T. R. No. 100 of 1980 Commissioner of Income Tax Vs. Orion Coir Mats and Matting Manufacturers (P) Limited, ), we answer question No. 1 in favour of the Revenue and against the assessee.

In the light of our decision in I. T. R. Nos. 7 and 8 of 1982 Commissioner of Income Tax Vs. C. Tharian and Sons, ), we answer question No. 2 in favour of the Revenue and against the assessee.

We direct the parties to bear their respective costs in these tax referred cases.

A copy of the judgment under the seal of the court and the signature of the Registrar shall be forwarded to the Income Tax Appellate Tribunal, Cochin Bench.