2003 (5) TMI 24 - HC - Income Tax

Claim of deduction towards conveyance allowance and additional conveyance allowance Held that assessee is entitled to get conveyance allowance and additional conveyance allowance as incurred by him Held that assessee was entitled to any deduction as per actual expenditure incurred out of the incentive bonus paid to him by the employer namely LIC

Summary

Issues:
1. Interpretation of provisions of sections 16, 17, and 10(14) of the Income-tax Act regarding conveyance allowance and additional conveyance allowance.
2. Entitlement to deduction based on actual expenditure incurred from incentive bonus paid by the employer.

Analysis:
1. The High Court framed a question of law regarding the justification of the Tribunal in setting aside orders disallowing the assessee's claim of deduction towards conveyance allowance and additional conveyance allowance. The court noted that the Assessing Officer had initially allowed the deduction of incentive bonus based on actual expenditure. However, upon reopening the assessment, the Assessing Officer claimed an escapement of income due to the deduction allowed for the incentive bonus. The Tribunal, after considering the arguments, held that since the assessee had actually incurred the expenditure in full, there was no income escaping assessment. The court referenced a previous case to support the allowance of conveyance allowance but disallowance of deduction for incentive bonus expenditure.

2. Regarding the entitlement to deduction based on actual expenditure from the incentive bonus, the court referred to a previous case where it was held that such a deduction is impermissible. The court, in light of this, set aside the Tribunal's order and disposed of the appeal accordingly. The court concluded that the assessee is entitled to conveyance allowance and additional conveyance allowance as actually incurred, but deduction based on incentive bonus expenditure is not permissible based on previous judgments.

By analyzing the issues raised in the appeal, the High Court provided a detailed explanation of the interpretation of relevant provisions of the Income-tax Act and the application of those provisions to the specific case at hand. The judgment clarified the treatment of conveyance allowances and incentive bonus deductions, emphasizing the importance of actual expenditure in determining the eligibility for deductions.