2003 (4) TMI 15 - HC - Income Tax

Commission income from LIC allowability - Circular issued on January 6, 1984 provide that if the commission income from the LIC is less than Rs. 60,000, the expenditure may be allowed 50 per cent. on that commission income Circular issued on January 6, 1984 and Circular No.648, dated March 30,1993 are not applicable to present case because in the case in hand, commission income is Rs. 1,73,715 Thus, the commission income should be assessed and taxed in the hands of the assessee in accordance with the provisions of the Income-tax Act - In appeal, we cannot go into the question, as to what details are furnished and what details are not furnished. So matter is remanded

Summary

Issues:
1. Applicability of Circular No.648, dated March 30, 1993, for the assessment year 1989-90.
2. Allowability of expenses from Life Insurance Corporation commission exceeding Rs. 60,000.

Analysis:
1. The appellant, a Life Insurance Corporation agent, filed an income tax return for the assessment year 1989-90, declaring an income of Rs. 45,870 and receiving commission income of Rs. 1,73,715 from the Life Insurance Corporation. The Department allowed expenses on commission only up to Rs. 30,000 based on Circular No.648, dated March 30, 1993. The Commissioner of Income-tax (Appeals) held that the assessee is entitled to claim 50% deduction on the entire commission. However, the Tribunal relied on the same circular to limit the deduction to Rs. 20,000. The appellant argued that the circular of 1993 should not apply as it was issued after the assessment year in question. The respondent's counsel agreed that the circular of 1993 was not applicable for the year 1989-90. It was concluded that neither the circular of 1984 nor 1993 applied, and the commission income should be assessed as per the Income-tax Act, 1961.

2. The circular of 1984 stated that if the commission income from the Life Insurance Corporation is less than Rs. 60,000, 50% of the expenditure may be allowed. As the appellant's commission income was Rs. 1,73,715, neither the circular of 1984 nor 1993 applied. The Tribunal was directed to assess and tax the commission income in accordance with the law and available records. The court emphasized that genuine expenditures should be allowed if properly substantiated. The matter was remitted back to the Assessing Officer for proper assessment based on the Income-tax Act provisions and the material available on record.

In conclusion, the appeal was disposed of with directions to assess the commission income in accordance with the law and evidence on record, ensuring that genuine expenditures are appropriately considered.