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Commissioner of Income-tax, Madhya Pradesh, Nagpur and Bhandara Vs. Kalyanmal Mills Limited - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtSupreme Court of India
Decided On
Judge
Reported in[1964]53ITR573(SC)
ActsIncome Tax Act, 1922 - Sections 10(2) and 10(5); Industrial Disputes Act
AppellantCommissioner of Income-tax, Madhya Pradesh, Nagpur and Bhandara
RespondentKalyanmal Mills Limited
Cases ReferredSwadeshi Cotton and Flour Mills v. Commissioner of Income
Excerpt:
.....moves high court - whether tax deduction can be claimed for bonus paid against profits of previous year for present year - claim allowed by high court - appellants filed appeal before supreme court under section 66a (2) - held, liability of previous year can be set off against present year - upheld decision of high court. - ragging: [dr. arijit pasayat & dr. mukundakam sharma, jj] ragging in educational institutions prevention - directions issued to government in states and union territories and university to act as per guidelines formulated by committee constituted by supreme court medical council of india, dental council of india and university grants commission were directed to frame regulations which shall be binding on institutions. regulations and consequences of non-observance to..........: 'whether, on the facts and in the circumstances of the case, rs. 2,57,000 being bonus for the calendar year 1947 is allowable against the profits of calendar year 1949, the previous year for assessment year 1950-51 ?' 3. this question arose out of the assessment year 1950-51 (previous calendar year 1949). 4. the assessee is limited company which owns a textile mill. it had paid rs. 2,57,000 as bonus to its workers in respect of the calendar year 1947, and claimed its a deduction in respect of the assessment year 1950-51. a dispute had arisen between the workmen and the assessee and it was settled by an award made in january, 1949, by the tribunal under the industrial disputes act. 5. following our decision and the reasoning in commissioner of income-tax v. swadeshi cotton and flour.....
Judgment:

Sikri, J.

1. The point involved in this appeal is the same as in Commissioner of Income-tax v. Swadeshi Cotton and Flour Mills, in which we have just delivered judgment. This appeal was filed in this court after obtaining a certificate under section 66A(2) of the Income-tax Act, 1922, and is directed against the judgment and order of the High Court of Madhya Pradesh, dated August 10, 1961. The High Court followed its decision in the case of Swadeshi Cotton and Flour Mills v. Commissioner of Income-tax.

2. The question which was referred to the High Court was as follows :

'Whether, on the facts and in the circumstances of the case, Rs. 2,57,000 being bonus for the calendar year 1947 is allowable against the profits of calendar year 1949, the previous year for assessment year 1950-51 ?'

3. This question arose out of the assessment year 1950-51 (previous calendar year 1949).

4. The assessee is limited company which owns a textile mill. It had paid Rs. 2,57,000 as bonus to its workers in respect of the calendar year 1947, and claimed its a deduction in respect of the assessment year 1950-51. A dispute had arisen between the workmen and the assessee and it was settled by an award made in January, 1949, by the tribunal under the Industrial Disputes Act.

5. Following our decision and the reasoning in Commissioner of Income-tax v. Swadeshi Cotton and Flour Mills, we hold that the High Court was right in answering the question in the affirmative. The appeal is accordingly dismissed with costs.

6. Appeal dismissed.


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