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Documents citing Workmen Of The Hercules Insurance Co., ... vs Hercules Insurance Co., Ltd., Calcutta on 7 December, 1960

Textile Machinery Corporation Ltd. vs Commissioner Of Wealth-Tax, Calcutta. on 17 May, 1967

He next tried to cross the hurdle created by the judgment of the Supreme Court in Swadeshi Cotton & Flour Mills Ltd. [[1964] 53 I.T.R. 134, 137, 138 (S.C.).], in the following manner. He submitted that the decision was clearly distinguishable and the point which the Supreme Court had to consider in that case was a point different from what we have to consider in the instant case. This takes us to the consideration of the facts of the case of Swadeshi Cotton & Flour Mills Private Ltd. [[1964] 53 I.T.R. 134, 137, 138 (S.C.).]. In that case, the assessee had paid a sum of Rs. 1,33,325-9-3 by way of profit bonus to the employees for the calendar year 1947, in terms of an award made on January 13, 1949, under the Industrial Disputes Act. It debited the amount in its profit and loss account for the year 1948, but in fact paid it to the employees in the year 1949, the relevant assessment year being 1950-51. The question that arose for consideration was whether, in the facts and in the circumstances of the case, the assessee was entitled to claim a deduction of bonus relating to the calendar year 1947, in the assessment year 1950-51. Sikri J., who delivered the judgment of the court, observed that the answer to the question must depend on the proper interpretation of section 10(2)(x), read with section 10(5) of the Act. His Lordship then examined the sections and observed :
Calcutta High Court Cites 28 - Cited by 7 - Full Document

The Commissioner Of Income-Tax, ... vs Swadeshi Cotton And Flour Mills on 17 April, 1964

In 1961, this Court was able to say that "the right to claim bonus which has been universally recognised by indus- trial adjudication in cases of employment falling under the- said Act has now attained the status of a legal right. Bonus can be claimed as a matter of right provided of course by 'the application of the Full Bench formula it is shown that for the relevant year the employer has sufficient available surplus in hand." (Vide Gajendragadkar, J., as lie then was, in Workmen v. Hercules Insurance Co.(1).
Supreme Court of India Cites 9 - Cited by 153 - S M Sikri - Full Document

The Burmah-Shell Refineries Limited vs Their Workmen on 1 February, 1961

" The entire profits of the company are the result of the labour of all the workmen and employees in all its units. To grant a bonus to a section of them on the basis of the total profits of the company will give them a share in profits to which they have not contributed...... If the order of the Appellate Tribunal is to be given effect to, some of the employees of the company would get a bonus while, others not and as observed in Karam Chand Thaper & Bros.' Workmen v. The Company (1953 L.A.C. 152), that must lead to disaffection among the workers, and to further industrial disputes. "
Supreme Court of India Cites 4 - Cited by 5 - K C Gupta - Full Document
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