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2009 (3) TMI 521 - HC - Income TaxBusiness Expenditure- On account of the strike of the worker, the assesse was not able to pay the full bonus on or before the due date for filing the return of income. The assesese handed over a sum, by cheque to the trustee of the worker’s bonus payment trust with the object of disbursing bonus to the workers. The Assessing officer allowed the sum actually paid before the due date for filing the return and the balance. The Commissioner (Appeals) deleted the disallowance and this was upheld by tribunal. Held that- assessee was entitled to the deduction made towards bonus. The assesese had made the payment prior to the date of omission of the proviso and payment made to the trust being irrevocable would tantamount to payment of bonus to workers.
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