Commissioner Of Income-Tax vs Kerala Agro Industries Corporation on 4 December, 1989
9. The order of the Tribunal reveals that the specific aspect as to whether the bonus paid by the assessee may stand the test specified in Section 36(1)(ii) of the Income-tax Act read along with the proviso has not been adjudicated by the Tribunal. In these circumstances, we decline to answer the question. We direct the Tribunal to consider the matter afresh in the light of the decisions in CIT v. Kerala Agro Industries Corporation [1990] 183 ITR 197 (Ker), CIT v. P. Alikunju, M.A. Nazir, Cashew Industries [1987] 166 ITR 611 (Ker) and Income-tax Reference No. 185 of 1985 (CIT v. P. Bala-krishna Piliai, International Cashew Traders [1990] 182 ITR 449) and Income-tax Reference No. 399 of 1985 (CIT v. Kumar Industries [1990] 183 ITR 156 (Ker)).