9911796707
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Issues:
1. Deletion of addition of bonus. 2. Allowability of garden maintenance expenses. Deletion of addition of bonus: The case involved an appeal by the Revenue against the order of CIT(A) related to the assessment year 1994-95 concerning the deletion of an addition of Rs. 1,87,888 on account of bonus. The Assessing Officer disallowed the amount based on the timing of the liability to pay the additional bonus, which arose after the accounting period under consideration. However, the CIT(A) ruled in favor of the assessee, stating that the liability to incur the expenditure for the extra bonus was recognized on the date of the agreement, and since the full bonus payment was made before the due date of filing the return, it was allowable. The Tribunal analyzed the provisions of section 43B and concluded that the liability for the extra bonus payment crystallized on a specific date due to an agreement, and only the portion related to employees who were on the rolls as of the end of the accounting year was allowable as a deduction. The Tribunal held that the assessee was entitled to a deduction for the bonus paid to employees present during the relevant accounting year but not for those who joined after the accounting year. Allowability of garden maintenance expenses: Another issue in the case was the allowability of garden maintenance expenses, particularly regarding an amount spent on constructing a mandapam. The Assessing Officer treated the entire garden maintenance expenses as capital expenditure since it was incurred for the first time. However, the CIT(A) differentiated between the capital and revenue nature of the expenses, allowing the revenue portion. The Tribunal considered arguments from both sides and agreed with the CIT(A)'s findings, stating that except for the construction expense, the other garden maintenance expenses were deductible as they were incurred for the maintenance of the garden, which was deemed necessary for the business requirements. Therefore, the Tribunal partly allowed the appeal, upholding the deductibility of the garden maintenance expenses. In conclusion, the Tribunal ruled in favor of the assessee regarding the deletion of the addition of bonus, allowing the deduction only for the portion related to employees present during the accounting year. Additionally, the Tribunal upheld the deductibility of most garden maintenance expenses, except for the portion related to the construction of a mandapam, as they were deemed necessary for the business requirements.
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