2001 (10) TMI 36

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..... ng to reject the appeal on the ground that it was barred by limitation proceeded to consider the merits of the case elaborately and has rejected the appeal on the merits as well. It is evident that the Tribunal, while holding that the delay was not condonable, was itself not convinced that the appeal should be rejected on that ground. The reason for seeking condonation of delay was the death of t .....

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..... aid the additional bonus of three per cent. under a settlement, entered into under section 18(1) of the Industrial Disputes Act. That payment was made with a view to ensure industrial peace and to avoid strife with the workmen so that the production would not be hampered. The payment so made was clearly one which had nexus with the business interest of the assessee and was an item of expenditure a .....

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..... f the Income-tax Act. We, therefore, hold that the Tribunal was in error in not condoning the delay and that it was also in error in holding that the additional bonus of three per cent. could not be claimed as expenditure under section 37 of the Act. Matters relating to condonation of delay are indeed discretionary and are normally left to the Tribunal and this court will not ordinarily interfer .....

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