Dear Members,
A appeal is to filed for an assessee who is carrying on the business of civil contractor. Now the calculation ade the assessing offficer is as below:-
|
Income as per Return: |
Rs 13,78,360/- |
|
|
Add: |
Addition on account of Disallowance of Bonus |
Rs. 11,22,040/- |
|
Assessed Total Income: |
Rs. 25,00,400/- |
|
Now we filed Form 35 for it but cudnt make it so now we are filing written submission to the appelate tribunal for the same on the grounds that "
The learned A.O has taken the view that the Bonus Act is not applicable on the assessee and there is no system of bonus on this line. The Learned AO has disallowed the bonus payable and made a addition of Rs. 11,22,040/- to the total Income of assessee. The view taken by learned A.O. is purely on assumption basis without any fact and evidence. The total Bonus expenses debited in the P&L a/c is Rs. 12,37,840/- and is according to the Bonus register maintained by the assessee. Rs. 1,15,800/- is paid to the supervisors and remaining Rs. 11,22,040/- is paid to the workers. But the learned AO did not consider the Bonus paid to the workers and disallowed the bonus to the workers and same is added in the total income of the assessee.
So now in support of my answer i want to state few case laws relating the above . Can anybody tell whether the above gronds are rite or wrong ?? and as to which section shud i refer.. and the website whre i will get rili good case law relating to the issue stated above..
Its very urgent..
Regards,
Mayuri Lal
CAclubindia
