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Showing contexts for: "no allocable surplus" in Commissioner Of Income-Tax vs Holman Climax Manufacturing Ltd. on 5 February, 1991Matching Fragments
2. Shortly stated, the facts are that, for the assessment year under consideration, the assessee-company had allocable surplus of Rs. 3,35,766 within the meaning of the Payment of Bonus Act, 1965. Even then, the assessee paid profit-sharing bonus to the extent of Rs. 3,37,000. In addition to such profit-sharing bonus, the assessee-company paid monthly incentive bonus of Rs. 5,66,963 and special incentive bonus of Rs. 1,17,314. The Income-tax Officer disallowed Rs. 1,254 out of the profit sharing bonus of Rs. 3,37,000 as it was in excess of 8.33% of the salary and wages and the entire monthly incentive bonus and special incentive bonus. On appeal, the Commissioner of Income-tax (Appeals) held that the monthly incentive bonus was " nothing but incentive wages" and, therefore, allowed this amount of monthly incentive bonus of Rs. 5,56,963. He, however, declined to accept the assessee's claim in respect of the special incentive bonus of Rs. 1,17,314. This disallowance was contested by the assessee in an appeal to the Tribunal. The Department also preferred an appeal against the finding relating to the monthly incentive bonus.