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Showing contexts for: "no allocable surplus" in Jit Paul (Huf) And Ors. vs Commissioner Of Wealth-Tax on 20 August, 1993Matching Fragments
6. We have, however, to keep in mind that the decision in Standard Mills Co. Ltd.'s case was reaffirmed by the Supreme Court in Bombay Dyeing and Manufacturing Co. Ltd. v. CWT [1974] 93 ITR 603. It was held in the said decision that there is no conflict between the decisions in Standard Mills Co. Ltd. and Metal Box Co. of India Ltd. v. Their Workmen [1969] 73 ITR 53 which is the authority for the proposition that the actuarial value of the liability for gratuity could be a revenue deduction in computing the allocable surplus for the purpose of payment of bonus. As a matter of fact, the Supreme Court in Bombay Dyeing and Manufacturing Co. Ltd.'s case [1974] 93 ITR 603 was urged to reconsider the decision in Standard Mills Co. Ltd.'s case in the light of Metal Box Co. of India Ltd.'s case , but the Supreme Court in Bombay Dyeing and Manufacturing Co. Ltd.'s case [1974] 93 ITR 603 held that the decision of Standard MiUs Co. Ltd.'s case was noticed and distinguished by the Supreme Court in Metal Box Co.'s case [1969] 75 ITR 53. The final observation of the Supreme Court in Bombay Dyeing and Manufacturing Co. Ltd.'s case [1974] 93 ITR 603, 604 is : "In our opinion, there is no conflict between the two decisions."