IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX REFERENCE NO. 170 OF 1996. TAX REFERENCE NO. 170 OF 1996. TAX REFERENCE NO. 170 OF 1996. The Commissioner of Income-tax, K-I, Bangalore. ... Applicant. V/s. Shri G.N. Agarwal (HUF), Margao. ... Respondent. Shri Ashok Kotangale for the applicant. Shri Nishant Thakker i/b Mulla & Mulla for the respondent CORAM CORAM CORAM : V.C.DAGA AND A.S.AGUIAR, JJ. : V.C.DAGA AND A.S.AGUIAR, JJ. : V.C.DAGA AND A.S.AGUIAR, JJ. DATED DATED DATED : 11th July 2005. : 11th July 2005. : 11th July 2005. P.C. P.C. P.C. : : : ---- ---- ---- . By this reference under section 256 of the Income-tax Act, 1961, the Income Tax Appellate Tribunal has referred the following question of law for the opinion of this Court: 1. Whether, on the facts and in the circumstances of the case, the I.T.A.T. was right in law in holding that weighted deduction u/s 35B would be available in Marge Hire, Stevedoring charges and Barge Crew Salary?" . Learned counsel for the parties agreed that the question referred to above is squarely covered by the judgment of this Court in the case of C.I.T. C.I.T. C.I.T. vs.Walchadnagar vs.Walchadnagar vs.Walchadnagar Industries Ltd. Industries Ltd. Industries Ltd. (2003) 262 ITR 212 (Bom.) . In this view of the matter, for the reasons recorded in the in the aforesaid judgment, the above question is answered in the negative i.e. in favour of the revenue and against the assessee. . Reference accordingly stands disposed of with no order as to costs. (A.S.AGUIAR, (A.S.AGUIAR, (A.S.AGUIAR, J.) J.) J.) (V.C.DAGA, (V.C.DAGA, (V.C.DAGA, J.) J.) J.)