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1 - 10 of 11 (0.20 seconds)Khatau Junkar Ltd. And Another vs K.S. Pathania And Another on 7 February, 1992
On a plain reading of the aforesaid provision it is clear as noon day that if, on the basis of the return filed by the assessee any tax or interest is found out after adjustment, an intimation shall be sent to the assessee. The scope of the aforesaid provision came to be interpreted in the case of Khatau Junkar Ltd. v. K. S. Pathania (1992) 196 ITR 55 (Bom) and the Division Bench after referring to the brief history of the provision and the circulars issued by the Central Board of Direct Taxes from time to time came to hold that as under (page 71) :
Suresh C.Patel L/H Of Late Chhaganbhai ... vs Department Of Income Tax on 27 August, 2000
In this context, we may note that the High Court of Gujarat in the case of Chimanbhai H. Patel v. CIT (1999) 235 ITR 635 (Guj) and the High Court of Jammu and Kashmir in the case of R. K. Salhotra v. ITO (2002) 125 Taxman 624 J&K) held that the allowance under the claim of deduction on incentive bonus is allowable. Other High Courts have taken a different view. Thus, there is an expression of divergent views by the High Courts. Quite apart from the above, for earlier years the appeals were allowed.
R.K. Salhotra vs Ito on 30 August, 2002
In this context, we may note that the High Court of Gujarat in the case of Chimanbhai H. Patel v. CIT (1999) 235 ITR 635 (Guj) and the High Court of Jammu and Kashmir in the case of R. K. Salhotra v. ITO (2002) 125 Taxman 624 J&K) held that the allowance under the claim of deduction on incentive bonus is allowable. Other High Courts have taken a different view. Thus, there is an expression of divergent views by the High Courts. Quite apart from the above, for earlier years the appeals were allowed.
Section 139 in The Income Tax Act, 1961 [Entire Act]
Section 142 in The Income Tax Act, 1961 [Entire Act]
Section 143 in The Income Tax Act, 1961 [Entire Act]
Section 256 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax vs Shiv Raj Bhatia on 1 May, 1996
"Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is justified in affirming the order of the learned Commissioner (Appeals) holding that the issue of incentive bonus is of highly debatable nature and no such addition could be made, while the contrary decision has been taken by the High Court of Rajasthan in CIT v. Shiv Raj Bhatia (1997) 227 ITR 724, holding that the incentive bonus is a part of salary and taxable.