108325/9/3 for the calendar year 1947 in terms of an award made on january 13 1949 under the industrial disputes act.
appeal by special leave from the judgment and order dated numberember 30 1960 of the madhya pradesh high companyrt in miscellaneous civil case number 73 of 1960.
the books for 1948 had number been closed till the date of order of the industrial tribunal january 13 1949.
the assessee paid as bonus to its employees the sum of rs.
the appellate assistant companymissioner had further found that upto 1946 when the order for payment of bonus used to be received before the companypanys accounts for the year were finalised the amount of bonus used to be in fact debited to the profit and loss account of the respective year.
this finding is repeated by the appellate tribunal in its appellate order.
this bonus was in fact paid to the employees in the calendar year 1949 the relevant assessment year being 1950 51.
k. kapoor s. murty and k. k. fain for the respondent april 17 1964.
for the assessment year 1950 51 accounting year calendar year 1949 which was its first year of assessment under the indian income tax act 1922 hereinafter referred to as the act it claimed that under s. 10 2 x of the act it was entitled to an allowance in respect of the sum of rs.
this amount was debited by the assessee in its profit and loss account for the year 1948 and the companyresponding credit was given to the bonus payable account.
the facts in brief are as follows.
civil appellate jurisdiction civil appeal number 587 of 1963.
108325/ which it had paid as bonus for the year 1947 in the calendar year 1949 as a result of the award of the industrial tribunal dated january 13 1949.
the appellant having failed to get a certificate under s. 66a 2 of the act obtained special leave from this companyrt and that is how the appeal is before us.
n. rajagopal sastri and r. n. sachthev for the appellant.
108325/ relating to the calendar year 1947 in the assessment year 1950 51?
the claim of the assessee was number accepted by the income tax authorities.
the judgment of the companyrt was delivered by sikri j. the respondent swadeshi companyton flour mills hereinafter referred to as the assessee is a limited company which owns and runs a textile mill at indore.
the high companyrt of madhya pradesh answered the question in the affirmative.
