TMI Blog1990 (8) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... following question of law for the decision of this court : "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the assessee is entitled to claim deduction of the bonus paid in excess of the minimum and in holding that the customary bonus paid will not attract the provisions of section 36(1)(ii) of the Income-tax Act, 1961 ?" The respondent is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated hereinabove has been referred for the decision of this court. We heard counsel. The Appellate Tribunal itself has stated that an amount of Rs. 54,197 being the excess of the bonus paid over 20% of the salary is a permissible deduction, since it was paid on the occasion of "Vishu", and so it is a customary bonus. In the matter of payment of bonus, to what extent the bonus paid to the employe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid has to be scrutinised under section 36(1)(ii) of the Act. These aspects were not borne in mind by the Appellate Tribunal when it held that the amount paid in excess of the maximum of 20% payable under the Payment of Bonus Act is a permissible deduction, since what was paid was a customary bonus. We are afraid that the Appellate Tribunal has totally ignored the mandate of the statute contained ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the bonus paid in excess of the maximum". In answering the question referred to this court, we reframe the question thus : "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the assessee is entitled to claim deduction of the bonus paid in excess of the maximum and in holding that the customary bonus paid will not attract the provisions of secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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