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TMI Blog1965 (7) TMI 59X X X X Extracts X X X X X X X X Extracts X X X X ..... Manchanda, J. This is a case stated under section 66(1) of the Income- tax Act, 1922 (hereinafter referred to as the Act). The questions referred are: "1. Was the sum of ₹ 1,08,884 an allowable deduction for the assessment year 1953-54, because this payment related to the previous year ending March 31, 1953, even when the Industrial Tribunal gave an award on January 17, 1955, and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Industrial Court of Bombay gave an award allowing 15 per cent. of the basic earnings of the workers as dearness food allowance to the mill workers. The company went in appeal and in pursuance of an order of the Labour Appellate Tribunal of India at Bombay, dated the 17th January, 1955, the dearness allowance was fixed at 20 per cent. of the basic earnings of the workers. This extra allowance of 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer. Being aggrieved, the matter was taken to the Tribunal who, relying on Commissioner of Income-tax v. Nagri Mills Co. Ltd. [1958] 33 I.T.R. 681 allowed the payments as permissible deductions as they related to the relevant previous years. Against that order a reference under section 66(1) has been made and the questions aforesaid are referred to this court for opinion. The questions referr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1, though not specifically considered by the Supreme Court, must be taken to have been overruled by necessary implication as that case proceeded on the basis that even though the final adjudication by the Industrial Tribunal might be for a particular year, yet it would relate back to the year to which the bonus related. For the reasons given above, both the questions are answered against the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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