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TMI Blog1990 (6) TMI 39X X X X Extracts X X X X X X X X Extracts X X X X ..... ue, the Income tax Appellate Tribunal referred the following question of law for the decision of this court : "Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition of an amount of Rs. 9,26,448 being ex gratia payment made in excess of the statutory limit of 20 per cent. bonus ?" The respondent is a public limited company. We are concerne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me-tax (Appeals) held that the payment in the instant case was made as per agreement dated September 11, 1978, between the management and the representatives of the workmen and in so far as the genuineness of the payment was not disputed, and it was paid for services rendered, the Commissioner permitted deduction of the amount. In the appeal filed by the Revenue before the Tribunal, it was held th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... umar Industries [1990] 183 ITR 156 (Ker) and CIT v. Kerala Agro Industries Corporation [1990] 183 ITR 197 (Ker). Ordinarily, a payment envisaged by the Payment of Bonus Act can be claimed as a deduction. Amounts paid over and above the amount payable under the Payment of Bonus Act can be claimed as deduction under section 36(1)(ii) provided the following conditions are fulfilled. The amount should ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... likunju, M. A. Nazir, Cashew Industries [1987] 166 ITR 611 and the subsequent decisions in CIT v. Kumar Industries [1990] 183 ITR 156 and CIT v. Kerala Agro Industries Corporation [1990] 183 ITR 197, If the Income-tax Appellate Tribunal considers that it will be just and proper in the circumstances of the case that the matter is re-evaluated by the assessing authority, the Tribunal will be free to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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