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1987 Supreme(All) 265

K.C.AGRAWAL, R.K.GULATI
Raza Textiles – Appellant
Versus
Commissioner Of Income-Tax – Respondent


JUDGMENT

R.K. GULATI, J.

1. THIS writ petition is directed against the order dated January 29, 1986, passed by respondent No. 1, the Commissioner (Appeals), Kanpur. By the impugned order, respondent No. 1 has set aside the assessment for further investigation on a limited issue in respect of the petitioner's claim for deduction of an amount as business expenditure representing incentive bonus which had been disallowed by the Inspecting Assistant Commissioner (Assessment), the Assessing Officer.

2. BRIEFLY, the facts are that in the assessment year 1980-81, the petitioner made a claim for deduction of Rs. 12,68,683, out of its gross income being the amount paid as incentive bonus to its employees. It appears that a similar claim was also made, though for a different amount, in the assessment year 1981-82. That claim was disallowed on several grounds by the Assessing Officer including that the claim did not satisfy the requisite conditions of Section 36(1)(ii) of the Income-tax Act, 1961 ('the Act'). One such ground for disallowance of the petitioner's claim was that the payments representing incentive bonus were not genuine and it was a bogus claim. The findings recorded in this rega


























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