2011 (10) TMI 463

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.....   2. This appeal was admitted by this Court for consideration of the following substantial questions of law:   "1. Whether in the facts and circumstances of the case, the Tribunal was right in remitting the matter back to the Assessing Officer for reconsideration, when the provisions of Section 43B categorically say that unless bonus is actually paid within the time limit specified, it shall not be allowed as a deduction?   2. Whether in the facts and circumstances of the case, the Tribunal was right in deleting the disallowance under Section 40A(2) on the ground that the rent was accepted in the hands of the recipient?   3. Whether in the facts and circumstances of the case, the Tribunal was right in remit....

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.... section 36"   3.3. Section 36(1)(ii) of the Act, which is as follows:   "Section 36. Other deductions. (1) The deductions provided for in the following clauses shall be allowed in respect of the matters dealt with therein, in computing the income referred to in section 28   (i) ...   (ia) ...   (ib) ...   (ii) any sum paid to an employee as bonus or commission for services rendered, where such sum would not have been payable to him as profits or dividend if it had not been paid as bonus or commission", includes the amount of bonus payable. Therefore, on a combined reading of the said sections, it is very clear that the assessee would be entitled to claim deductions only if the actual payment ....