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TMI Blog2015 (1) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... der Section 43B of the Act and otherwise not. Payment of bonus, no doubt, was made after 31st March of the concerned year. However, it was before the due date for submission of returns. The proviso to Section 43B of the Act is to the effect that the amount must be actually paid by the assessee on or before due date applicable in his case for furnishing the return of income. Admittedly, the payment was made before the due date for filing of the return. - Following decision of Commissioner of Income Tax v. Lakshmi Machine Works [2007 (4) TMI 202 - SUPREME Court] - Decided against Revenue. - I.T.T.A No. 141 of 2004 - - - Dated:- 17-12-2014 - L. Narasimha Reddy And Challa Kodanda Ram,JJ. For the Appellant : Smt. Kiranmayee for Sri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed year and at the most, it could have been reflected in the subsequent year. The respondent took the plea that though provision was made only for a limited amount, a higher amount of bonus had to be paid on account of the ordinance issued by the Government and that the amount was paid before the filing of return for the concerned year. Not satisfied with the explanation offered by the respondent, the assessing officer passed an order excluding the differential amount from the purview of Section 43B of the Act. Aggrieved by that, the respondent filed an appeal before the Commissioner of Income Tax (Appeals-IV), Hyderabad. The appeal was dismissed. Thereafter, it filed ITA No. 452/Hyd/1998 before the Hyderabad Bench B of the Income Tax Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made before the last date for filing of returns of a particular assessment year, Section 43B of the Act would cover such payments and the Tribunal has taken the correct view of the matter. Being an industry covered by the provisions of the Payment of Bonus Act, the respondent is under obligation to pay bonus year after year. As is fairly well known, the percentage of bonus to be paid in a particular year would depend upon several factors. The Act itself stipulates the minimum bonus as 8.33% of the basic pay of an employee. In a given case for a given year, the appropriate Government may issue notification stipulating any other figure as minimum bonus or there may exist agreements between the factory and the workers. In the instant case, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ified is an order passed under the provisions of the Act or even an intimation under sub-section (1) of Section 143 of the Act. Though it cannot be said that the assessing officer committed any mistake in taking recourse to Section 154 of the Act vis--vis an intimation under Section 143 (1) (a) of the Act, a semblance of contradiction is manifest. If there exists any debatable issue warranting exercise under Section 154 of the Act, that very ground militates against the steps under Section 143 (1) (a) simplicitor. The proper recourse would have been to issue notice under Section 143(2) of the Act, to give an opportunity to the assessee and then pass an order. This however is purely academic in the instant case. The next question is about ..... X X X X Extracts X X X X X X X X Extracts X X X X
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