Supreme Court · 1997 INSC 627 · Decided 28 August 1997
The Commissioner of Income Tax (CNTL.), Ludhiana v. M/S Hero Cycles PVT. LTD., Ludhiana ETC. ETC.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 627 · [1997] SUPP. 3 S.C.R. 612
- Case number
- CIVIL APPEAL No. 7665/1996
- Decided
- 28 August 1997
- Bench
- S.C. SEN, S. SAGHIR AHMAD (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act
Headnote
Income Tax Act, 1961 : C S. 35B ( 1 )(b }-Weighted deduction-Held, is pennissible if the assessee proves that the entire expenditure is laid out wholly and exclusively for purposes mentioned in sub-clause (b) of s.35B(l~nus is on assessee to prove his. claim-Tribunal must examine the claim on the and give a finding as to the entitlement of assessee with D reference to relevant sub-clauses of Clause (b) of s. 35B(l)-Tribunal cannot allow any weighted deduction without linking the expenditure to one or more activities referred to in various sub-clauses of s.35B(l)(b).
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