Labour welfare and incentive'. The ITO also went through the allocable surplus, wherein he found that bonus amounting to Rs. 7,55,877 only ... held that, "since the assessee-company had no allocable surplus, it should have paid bonus to its employees only at the rate
rupees,
whichever is higher, whether or not the
employer has any allocable surplus in the
accounting year:
Provided that where an employee has
not completed ... respect of any accounting year
referred to in Section 10 , the allocable
surplus exceeds the amount of minimum
bonus payable to the employees under that
employer has allocated surplus in the accounting year. Where in an accounting year, the allocable surplus exceeds the amount of minimum bonus payable ... Others , the Supreme Court held that in the absence of any allocable surplus for the concerned accounting year, only minimum bonus is payable".
Further
Company had made provision for payment on the basis of allocable surplus for the accounting year 1964-65. It was stated that the claim ... Bonus Act, and if any error was found in calculating the allocable surplus, determined by the management, they undertook to make payment in accordance with
years 1993-94 and 1994-95 and found out the allocable surplus which is in his possession. Sub- section 2 of Section ... absence of relevant records. Admittedly management is having audited accounts showing allocable surplus but it is not forthcoming. In these circumstances it can only
more than the minimum bonus of 8.33 per cent, as the allocable surplus for the year under consideration was only Rs. 99,278 and, therefore ... accordance with the Payment of Bonus Act as the allocable surplus was Rs. 99,278 and in the circumstances, the payment of minimum bonus would
concluded that there was allocable surplus available with the
petitioner for paying 20% bonus to its workers. Since the finding on
entitlement is based ... shown as available allocable surplus. The Industrial Tribunal finding a
discrepancy between the amounts shown in Ex.C2 and Ex.C3, took
calculating the allocable surplus, as per the provisions of the payment of bonus Act; that one day if the allocable surplus arrived at warrants payment ... arrived at for the year in question; that there was no allocable surplus and therefore the minimum bonus of 8.33 per cent was paid
were taken into consideration for the purpose of arriving at the allocable surplus under the Act for the payment of bonus every year ... documents viz ExM1 the balance sheet, ExM2 the statement of allocable surplus of the Madras unit, ExM5 the balance sheet of the Madras unit, ExM6
proof is upon
the petitioner to show the availability of allocable surplus.
Under normal circumstances this contention may be correct.
But in this case ... following documents.
1.A register showing the computation of the allocable
surplus referred to in clause (4) of section 2, in form
