TMI Blog1971 (2) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... tually paid in subsequent years - - - - - Dated:- 12-2-1971 - Judge(s) : R. S. PATHAK., H. N. SETH. JUDGMENT The judgment of the court was delivered by PATHAK J.- The question referred for the opinion of this court by the Income-tax Appellate Tribunal is : " Whether, on the facts and in the circumstances of the case, the Tribunal is correct in holding that the liability for payment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... during each of the three years by way of bonus to the assessee's employees. As during the previous year, relevant to the assessment year 1960-61, the assessee had not actually paid any bonus to its ,employees, the Income-tax Officer did not allow any deduction at all on that account. During the previous year relevant to the assessment years 1961-62 and 1962-63 the assessee actually paid Rs. 1,57, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ars relevant to the assessment years 1961-62 and 1962-63 the bonus actually paid in subsequent years was Rs. 2,68,067 and Rs. 3,38,471. The Income-tax Officer, who appeared before the Appellate Assistant Commissioner, conceded that in the past the practice had been to allow as a deduction the entire amount of bonus due to be paid in the year to which it pertained irrespective of the fact that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded is not disbursed the balance of the undisbursed amount should be added back as income of the assessee." Holding that the Appellate Assistant Commissioner was right in allowing the bonus in the years in which it fell due, irrespective of the fact that it was actually paid in subsequent years, the Tribunal dismissed the appeal. After hearing learned counsel for the parties, it seems to us th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred us to Commissioner of Income-tax v. Swadeshi Colton and Flour Mills P. Ltd ., Commissioner of Income-tax v. Kalyanmal Mills Ltd. and J. K. Woollen Manufacturers (P.) Ltd. v. Commissioner of Income-tax . Those cases relate to the determination of the date when the liability for payment of bonus accrues pursuant to an award made by a labour tribunal. That is not the case before us. In the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
