1984 (2) TMI 45

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..... der s. 256(2) of the I.T. Act, 1961, for directing the Income-tax Appellate Tribunal to refer to the court for determination the following question and to state case for that purpose : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the additional bonus of Rs. 1,75,650 agreed on January 21, 1977, by negotiation to be paid in relation to .....

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..... deduction by way of a revised return. In the books of account of the assessee, the liability for the payment of this amount as well as the payment were entered after the accounting year. The ground on which the ITO disallowed this deduction was that this liability was neither crystallized in the accounting year nor entered in the books of account of the assessee during the relevant accounting per .....

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..... error in allowing this deduction without considering the limitation under the first proviso to s. 36(1)(ii) of the I.T. Act, 1961. This question was neither raised before the Tribunal nor at any earlier stage nor has it been dealt with by the Tribunal. A reading of the proviso to s. 36(1)(ii) of the I.T. Act makes it clear that in order to decide this contention of the Department, it would have t .....

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