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TMI Blog1984 (4) TMI 124X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 263 of the Income-tax Act, 1961 ('the Act'). 2. The assessee is a company. The assessment for the assessment year 1978-79 was originally completed on 3-8-1981 on a total income of Rs. 24,30,620. On going through that assessment order the Commissioner felt that the deduction of bonus, the deduction of depreciation and investment allowance in respect of certain machineries and the calculation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nted permission to commission the machinery already installed and the company had reported by letter dated 26-1-1977 that the machinery had been commissioned at 3.00 P.M. on 21-1-1977 and was entitled to investment allowance and depreciation because the machinery had been installed and put to use in the previous year. With regard to the extra shift allowance, the assessee pointed out to the circul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rainees were not apprentices employed under the Apprentices Act, 1961, who alone would be excluded from the Payment of Bonus Act and all the employees were receiving emoluments less than Rs. 1,600 per month. Even assuming that there were some employees who are not entitled to bonus under the provisions of the Payment of Bonus Act, in the absence of any allegation that the expenditure was incurred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich is binding on the revenue. With regard to the investment allowance and depreciation relatable to electrical machinery, there was before the Commissioner a contemporaneous statement of an independent authority, namely, the Chief Electrical Inspector of the Government of Tamil Nadu, which established that the machinery had been installed and used in the previous year. The Commissioner has refer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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