2008 (12) TMI 204 - HC - Income Tax

Payment of Bonus exceeding statutory limit general practice ITAT held that the amount of Rs. 18, 73, 192 paid by the assessec to its workers over and above the Payment of Bonus Act is in the nature of customary bonus and allowed as deduction u/s 36(1)(ii) held that - the assessee had been paying bonus for the last 10 years otherwise in excess of the Bonus Act and this had become a practice and the Commissioner of Income-tax (Appeals) as well as the Tribunal have recorded the finding that such bonus was payable as a general practice followed in similar business or profession. decision of ITAT upheld

Summary

Issues:
1. Interpretation of section 36(1)(ii) of the Income-tax Act, 1961 regarding payment of bonus over and above the statutory limit.
2. Whether the payment of Rs. 18,73,192 by the assessee to its workers is allowable as a deduction under section 36(1)(ii) of the Income-tax Act.

Analysis:
1. The High Court dealt with an appeal under section 260A of the Income-tax Act, 1961, challenging the Tribunal's order related to the payment of bonus over the statutory limit. The Revenue Department contended that if the amount is not allowable under section 36, then the amount paid over the limit is also not deductible under section 37. Reference was made to a previous court decision. The assessee argued that the payment was covered under the second proviso to section 36(1)(ii), emphasizing reasonability based on pay, business profits, and general practice in similar businesses.

2. The Tribunal found that the bonus payment was reasonable and aligned with general business practices, allowing it as a deduction. The Revenue Department disputed this, claiming the second proviso conditions were not met. However, the Commissioner's findings supported the bonus payment's reasonability and necessity for business purposes. The Revenue's appeal did not challenge these findings, and the court cited a Kerala High Court judgment emphasizing the need to satisfy all conditions for bonus payment deductions.

3. The court noted the assessee's consistent bonus payments over ten years, exceeding statutory limits, which had become a customary practice. Citing the Tribunal's and Commissioner's findings on the reasonability and necessity of the bonus payments, the court upheld the deduction under section 36(1)(ii). Referring to a Supreme Court case, the court emphasized the significance of long-standing customary bonus payments. As the findings were factual and well-supported, the court dismissed the appeal, affirming the deduction without costs.