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TMI Blog2023 (1) TMI 851X X X X Extracts X X X X X X X X Extracts X X X X ..... the bonus is liable to be allowed or disallowed u/s. 43B. The issue is not in respect of payment of the bonus to the said labourers. This being so, we are of the view that the issue cannot be restored to the file of the AO for verification of the payment. As the payment is not statutory payment of bonus under Bonus Act, obviously, the provisions of section 43B would not apply to the same. Consequently, the disallowance as made by the AO and confirmed by the ld. CIT(A) by applying the provisions of section 43B on the bonus paid stands deleted. Ground No. 3 of the assessee stands allowed. Higher rate of depreciation - HELD THAT:- A perusal of the profit and loss account clearly shows that as specifically mentioned by ld. DR that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2.2019 in Appeal No. 0509/17-18 for the assessment year 2015-16. 2. Shri K.K. Bal, ld. AR appeared for the assessee and Shri S.C. Mohanty, ld. Sr. DR appeared for the revenue. 3. It was submitted by ld. AR that four issues are involved in assessee's appeal. The first being against the disallowance of adhoc payment of Rs. 8000/- to each of the labourers working under the assessee which was claimed as bonus but not actually the statutory bonus under the provisions of section 43B of the Act, the second is in respect of non-allowance of higher rate of depreciation in respect of heavy earth moving machinery used by the assessee in its business on construction of roads, the third issue being the disallowance at 100% as against 30% of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e salary to the permanent employees of the assessee has been claimed separately at Rs. 10,80,000/-. It was the submission that the ex-gratia payment of Rs. 8000/- each to the labourers being non-statutory bonus, the provisions of section 43B of the Act did not apply. It was the submission that the disallowance as made by the AO and confirmed by the ld. CIT(A) is liable to be deleted. 7. In reply, ld. Sr DR submitted that there is no evidence of the assessee having paid the amount to the labourers though the assessee claims that the amount has been paid in subsequent year. It was the submission that the issue must be restored to the file of the AO to examine whether the amount of Rs. 8000/- to each labourer has been paid or not. He veheme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said Heavy Earth Moving machinery is used in the contract, the machinery is in fact actually hired to the contractee. It was thus the submission that as the heavy earth moving machinery has been hired to the contractee, the assessee is entitled to higher rate of depreciation in respect of WDV of the said heavy earth moving machinery. 10. In reply, ld. Sr DR submitted that the contract entered into by the assessee is a consolidated contract. The heavy earth moving machineries are used by the assessee for the timely completion of the contract and for meeting the criterion in respect of the quality in the contract. The heavy earth moving machineries are not hired out to the contractee and the assessee has also not shown hire charges in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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