C.n.ramachandran Nair, J v. C.n.ramachandran Nair, Judge

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 ITA.No. 10 of 2002() --------------------BENCH AGAINST THE ORDER IN ITA.339/COCH/1996 of I.T.A.TRIBUNAL,COCHINBENCH .................... APPELLANT/APPELLANT: --------------------------- THE COMMSSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.P.K.R.MENON(SR.),SC FOR IT SRI.GEORGE K. GEORGE, SC FOR IT RESPONDENTS: RESPONDENT: ------------------------ M/S. KANCOR FLAVOURS & EXTRACTS LTD., ANGAMALY. BY ADV. SRI.JOSEPH MARKOSE SRI.THOMAS VELLAPPALLY THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ.-------------------------I.T.A. No. 10 of 2002 --------------------------------- Dated, this the 7[th] day of February, 2008 J U D G M E N T C.N.Ramachandran Nair, J. The question raised is as to whether the Tribunal has rightlyallowed the bonus claimed. We notice that bonus relating to theprevious year relevant to the assessment year was ascertained andpaid only in subsequent year. Since the liability relates to theprevious year, the assessee is entitled to deduction as per thedecision of the Supreme Court in Bharat Earth MoversVs.Commissioner of Income Tax,reported in 245 ITR 428. Sincethe Tribunal has upheld the claim based on the decision of theSupreme Court, we do not find any ground to interfere with theorder of the Tribunal. The appeal filed by the Revenue is,accordingly, dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (T.R.RAMACHANDRAN NAIR, JUDGE)