Satish Chandra, C.J. - (1.) This reference relates to the assessment year 1971-72, the previous year ending on March 31, 1971. The assessee in its account books of this year made a provision for payment of bonus of Rs. 9,71,327. The employees' union raised a dispute which was, however, settled on October 15, 1971, whereunder, an additional sum of Rs. 3,93,516 was also payable towards bonus. The assessee claimed this additional sum as a deductible allowance. The Income-tax Officer confined the allowance to the original amount of Rs. 9,71,327 for which the assessee had made a provision in its books of account for the assessment year. He repelled the claim for the additional liability on the ground that it was incurred after the expiry of the previous year. This view was upheld by the Appellate Assistant Commissioner. The assessee took the matter in appeal to the Tribunal. The Tribunal agreed with the contention urged on behalf of the assessee and held that the liability related to the assessment year in question though it was quantified later. It was, hence, a deductible allowance for the assessment year in question.
(2.) Another dispute between the assessee and the Department related to the claim for deduction under Section 80-I of the Income-tax Act, 1961 ("the Act"). The Income-tax Officer and the Appellate Assistant Commissioner held that the deduction allowable under Section 80-I should be calculated after setting off the unabsorbed development rebate carried forward from the assessment year 1970-71. On appeal, the Tribunal reversed the finding. It relied upon the decisions of the Kerala High Court in Indian Transformers Ltd. v. CIT [1972] 86 ITR 192 and of the Mysore High Court in CIT v. Balanoor Tea and Rubber Co. Ltd. [1974] 93 ITR 115, and held that the assessee is entitled to relief under Section 80-I before deduction of the unabsorbed development rebate.
(3.) At the instance of the Department, the Tribunal has referred the following the two questions for our opinion : "1. Whether, on the facts and in the circumstances of the case, the assessee is entitled in law to the deduction of the additional liability for bonus of Rs. 3,93,516 as per settlement with its employees entered into on October 15, 1971, as an admissible deduction in the computation of its business income for the assessment year 1971-72 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the deduction allowable under Section 80-I of the Income-tax Act, 1961, should be calculated before setting off the unabsorbed development rebate carried forward from the assessment year 1970-71 against the profits and gains of the previous year relevant to the assessment year 1971-72 ? ";