TMI Blog1997 (6) TMI 5X X X X Extracts X X X X X X X X Extracts X X X X ..... the circumstances of the case, the Tribunal was right in holding that the assessee's activity of producing food items from its boarding section was one involving production or manufacture of an article or thing within the meaning of section 32A(2)(iii)? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that investment allowance was allowable in respect of kitchen boilers? (iii) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that investment allowance was not allowable under section 32A in respect of air-conditioner used in the rooms of the lodging section? (iv) Whether, on the facts and in the circumstances of the case, the Tribunal was righ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Thirdly, the assessee's claim for deduction of bonus liability amounting to Rs. 2,99,350 was allowed by the Assessing Officer only to the extent of Rs. 1,09,965 and disallowed the rest on the ground that there was no enforceable liability to the extent of Rs. 1,89,385 which finding was also upheld by the Tribunal. Further, the assessee's claim for interest on the excess amount under section 214 of the Act was outrightly rejected by the Assessing Officer and upheld by the first and second appellate authorities. Under these circumstances, the questions of law referred to above have been referred to us for opinion. So far as the first three questions referred to us are concerned, the same have to be answered against the assessee in view o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 15 of the Bonus Act is only a provision to satisfy an unascertained liability in future and there is no diversion of the fund at source by overriding title." Lastly, coming to the sixth question referred to us, from the assessment order, we find the following details of the tax assessed and the advance tax paid : (Rs.) Tax assessed 8,81,709 Less : Advance tax paid on Date Amount (Rs.) 18-09-1981 78,271 18-12-1981 78,271 18-3-1982 6,50,875 31-3-1982 1,10,000 9,17,417 ---------------------------------------------------- Excess tax paid 35,708 ---------------------- From the above figures it is clear that for the assessment year in question the assessee had paid Rs. 35,708 in excess of its assessed liabilit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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