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() -------------------- AGAINST THE ORDER IN ITA.339/COCH/1996 of I.T.A.TRIBUNAL,COCHIN BENCH .................... 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: C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. ------------------------- I.T.A. No. 10 of 2002 --------------------------------- Dated, this the 7th 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 rightly allowed the bonus claimed. We notice that bonus relating to the previous year relevant to the assessment year was ascertained and paid only in subsequent year. Since the liability relates to the previous year, the assessee is entitled to deduction as per the decision of the Supreme Court in Bharat Earth Movers Vs. Commissioner of Income Tax, reported in 245 ITR 428. Since the Tribunal has upheld the claim based on the decision of the Supreme Court, we do not find any ground to interfere with the order of the Tribunal. The appeal filed by the Revenue is, accordingly, dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (T.R.RAMACHANDRAN NAIR, JUDGE) jg