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    <title>1959 (5) TMI 53 - Supreme Court</title>
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    <description>A genuine, contractually binding service fee paid under a technical aid agreement could not be disallowed in bonus computation merely because the tribunal questioned its commercial necessity; absent evidence that the payment was sham or intended to suppress profits, the expenditure had to be treated as a permissible business outlay. The settled bonus formula also required recognised prior charges to be deducted before ascertaining available surplus, so treating bonus itself as a prior charge was an impermissible departure from the formula. The award was modified accordingly, the service fee was restored, and bonus was recalculated on that basis.</description>
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    <pubDate>Wed, 06 May 1959 00:00:00 +0530</pubDate>
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      <title>1959 (5) TMI 53 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=276588</link>
      <description>A genuine, contractually binding service fee paid under a technical aid agreement could not be disallowed in bonus computation merely because the tribunal questioned its commercial necessity; absent evidence that the payment was sham or intended to suppress profits, the expenditure had to be treated as a permissible business outlay. The settled bonus formula also required recognised prior charges to be deducted before ascertaining available surplus, so treating bonus itself as a prior charge was an impermissible departure from the formula. The award was modified accordingly, the service fee was restored, and bonus was recalculated on that basis.</description>
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      <pubDate>Wed, 06 May 1959 00:00:00 +0530</pubDate>
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