JUDGMENT
1. Heard learned counsel for the part
ies. Mr. Ranka brought to our notice the facts from the record that the statutory bonus to the tune of Rs. 21,77,807 was claimed by the assessee even before the Assessing Officer. Mr. Ranka further submits that in fact Rs. 43,37,666 includes the bonus amount figure of Rs. 21,77,807 and that was disallowed. Even the Commissioner of Income-tax (Appeals) has not considered the submissions and disallowed the appeal on the ground that the assessee could not explain the claim regarding bonus amount, so it is a case of the Tribunal.
2. In the miscellaneous application filed by the assessee before the Tribunal, the assessee has categorically pointed out these facts and after considering the submissions, the Tribunal held that the bonus amount as statutory bonus is allowable and if that has not been allowed, that is an apparent mistake on record and that can be corrected tinder Section 254(2) of the Income-tax Act, 1961. The facts are that the claim was made even not only before the Assessing Officer but before the Commissioner of Income-tax (Appeals) and the Tribunal also. This fact has not been disputed by learned counsel for the Revenue.
3. Considering the submissions and claim of statutory bonus which has not been allowed though claimed by the assessee, it is an apparent mistake on record and that can be corrected under Section 254(2) of the Income-tax Act, 1961. Consequently, no question of law arises for reference to this court by the Tribunal. The application filed under Section 256(2) hence rejected.