TMI Blog2006 (2) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Tribunal is right in law and on facts in allowing deduction of 30% of the incentive bonus as expenditure, without actual proof of such expenditure having been incurred? [2] Whether the Appellate Tribunal is right in law and on facts in allowing deduction towards expenses, from the incentive bonus, over and above the standard deduction from salary? [3] Whether the Appellate Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Commissioner of Income Tax v. Kiranbhai H. Shelat, [1999] 235 ITR 635; and, (2) even if the decision in case of C.I.T. v. Kiranbhai H. Shelat rendered by this Court is applicable, there is no basis for the Tribunal to allow expenses to the tune of 30% of the incentive bonus earned by the assessee. Elaborating on the first ground, he placed reliance on a decision of Madras High Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence, it gave rise to a substantial question of law, which required consideration at the hands of this Court. 4. Insofar as proposed questions No. 1 and 2 are concerned, the facts are that the assessee claimed 40% of the incentive bonus received by the assessee as expenses incurred for earning the said incentive bonus. The assessing officer disallowed the entire claim and hence, the assessee ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al has applied the principles laid down by this Court in case of C.I.T. v. Kiranbhai H. Shelat (supra) and recorded that, we are satisfied that in these cases, employees have actually incurred expenditure and is entitled to deduction of 30% of the receipts . The submission of Mr.Bhatt that there was no material available with the Tribunal for recording such a finding, cannot be accepted for the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Development Officers in discharge of their duties as per law and norms set out in the circular issued by the LIC. Thereafter, what should be the proportion of the amount which should be allowed, cannot form subject matter of a substantial question of law. 7. It is necessary to take note of the fact that even though the issue of conveyance allowance and additional conveyance allowance was not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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