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1990 (11) TMI 119

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..... ars 1980-81 and 1981-82 profit bonus, production bonus and ex gratia amount. So far as the profit bonus is concerned, though the Income-tax Officer did not allow the deduction, the Commissioner of Income-tax as well as the Income-tax Appellate Tribunal allowed the deduction, in our view rightly, under the first proviso to section 36(1)(ii) of the Income-tax Act. There is no dispute about allowing .....

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..... facts and circumstances of the case, we are of the view that the Income-tax Appellate Tribunal shall be directed to state the case and refer the following question of law in both the cases for the decision of this court "Whether, on the facts and in the circumstances of the case, the deduction of ex gratia payment to the employees is permissible either Under the second proviso to section 36(1)(i .....

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