TMI Blog2019 (8) TMI 1048X X X X Extracts X X X X X X X X Extracts X X X X ..... various pages of the paper-book filed by the assessee. In our opinion, the assessee has complied requirement of section 43B for payment of the bonus payable before due date of filing of return of income, which was 30/09/2013 in this case and accordingly, we uphold the finding of the CIT(A) on the issue in dispute. The ground of the appeal of the Revenue is accordingly dismissed. Addition of closing allowance - uncertain liabilities / expenses - whether the same is not found to be paid within the year under consideration and order for provision of Closing Allowance was passed on 24.06.2013, much after the end of year under consideration? - HELD THAT:- The assessee has claimed before us that the amount of closing allowance has been p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en paid on or before due date of filing return of income. 2. The Ld. CIT(A) is erred in law as well as facts while deleting the addition of ₹ 89,69,363/- of closing allowance made by the Assessing Officer while the same is not found to be paid within the year under consideration and order for provision of Closing Allowance was passed on 24.06.2013, much after the end of year under consideration. 3. Any other grounds which may arise at the time of hearing of appeal. 2. Briefly stated facts of the case are that the assessee, a District Cooperative Bank, is operating in the District of Bijnor (Uttar Pradesh). The assessee filed return of income on 28/09/2013 declaring tota ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es. The assessee also did not filed any evidence with regard to actual payment of bonus to the employees and accordingly, the Ld. Assessing Officer disallowed the sum of ₹ 1,15,00,000/- under section 43B of the Act for non-payment of bonus before due date of filing of the return of income. Before the Ld. CIT(A), the assessee filed detailed bank statement of transfer of the bonus amount from bonus fund account of respective branches to bank account of the respective employees. After considering the submission of the assessee and verifying the factual information, the Ld. CIT(A) deleted the addition. 3.1 Before us, the Ld. DR submitted that relevant details were not produced before the Assessing Officer and from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied requirement of section 43B of the Act for payment of the bonus payable before due date of filing of return of income, which was 30/09/2013 in this case and accordingly, we uphold the finding of the Ld. CIT(A) on the issue in dispute. The ground of the appeal of the Revenue is accordingly dismissed. 4. In ground No. 2, the Revenue has challenged relief allowed by the Ld. CIT(A) on the issue of closing allowance of ₹ 89,69,363/-disallowed by the Assessing Officer. According to the Assessing Officer, said amount was merely a provision which was created on 24/06/2013 by way of the order of Directors of the working committee and thus, it was an unascertained liability, which is not allowable under the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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