1982 (3) TMI 98

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....id is in excess of 20 per cent of the salary and such excess, which worked out to Rs. 22,076, was disallowed. In appeal, the Commissioner (Appeals) found that bonus was paid on Diwali day and it is a customary bonus. Hence, it is allowable. Following the decision of the Supreme Court in the case of Hukumchand Jute Mills v. Industrial Tribunal AIR 1979 SC 876, he allowed the claim of the assessee. ....

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....tho Printers v. ITO 10 TTJ 510 and ITO v. Indira Cotton Mills (P.) Ltd. 9 TTJ 172. 3. We have considered the rival submissions. The Commissioner (Appeals) has given a finding that the bonus has been paid on Diwali day and such bonus was paid every year. From the facts, it is clear that bonus paid is a customary bonus. In the case of Hukumchand Jute Mills Ltd. the Supreme Court held that section....