1989 (7) TMI 28 - HC - Income Tax

Summary

Issues Involved:
The judgment involves the following issues:
1. Whether the assessee is entitled to claim deduction for 'goodwill bonus' under the Income-tax Act.
2. Whether the Tribunal correctly treated the 'goodwill bonus' as a 'customary bonus' and considered the customs in the nature of the bonus.

Issue 1: Deduction for 'Goodwill Bonus':
The matter pertains to the income-tax assessment for the year 1977-78, where the assessee paid a 'goodwill bonus' exceeding the 20% limit under the Bonus Act. The Income-tax Officer disallowed the excess amount under section 36(1)(ii) of the Income-tax Act. However, the Commissioner of Income-tax (Appeals) allowed the claim, stating the proviso to section 36(1)(ii) was irrelevant. The Tribunal deemed the payment as a customary bonus and held it was bona fide and reasonable under section 36(1)(ii).

Issue 2: Treatment of 'Goodwill Bonus' as 'Customary Bonus':
The Tribunal considered the 'goodwill bonus' as a 'customary bonus' conforming to past standards. The Revenue sought a reference to the High Court, citing the need to examine the payment exceeding the Bonus Act limit under section 36(1)(ii). The High Court emphasized the need to satisfy conditions for reasonableness as per precedent judgments and directed the Tribunal to reevaluate the matter in line with established guidelines.

This judgment underscores the importance of adhering to legal provisions and precedents in determining the admissibility of deductions and bonuses under the Income-tax Act.