2003 (11) TMI 53 - HC - Income Tax

Contribution made to the employees benefit fund allowability - whether the Tribunal is correct in deleting the disallowance of contribution made to the employees benefit fund - The attention of the parties was apparently not focussed on bringing on record the expenditure incurred by the fund to which the contribution had been made, having regard to the view that had been taken by the Tribunal in the order made by it for the assessment year 1981-82 - We, therefore, consider it just, while setting aside the order of the Tribunal, to remand the matter to the Tribunal

Summary

Issues:
1. Disallowance of contribution made to employees' benefit fund under section 40A(9) read with section 40A(1).

Analysis:
The High Court of Madras considered the issue of whether the Tribunal was correct in deleting the disallowance of the contribution made to the employees' benefit fund. The fund was established to provide educational facilities, aid to family members of deceased members, and medical assistance. The Assessing Officer disallowed the expenditure citing section 40A(9) and section 40A(1), but the Commissioner allowed it as the fund was set up before March 1, 1984, and similar contributions were previously allowed by the Tribunal for the assessment year 1981-82. The Revenue contended that section 40A(10) only permits expenditure incurred from the fund, not the contribution made by the employer. The court referred to previous decisions supporting this view and remanded the matter to the Tribunal to determine the extent of expenditure incurred from the fund to which the contribution was made.

The court emphasized that section 40A(10) allows the deduction of expenditure incurred from the fund set up for employees' welfare, not the contribution made by the employer. The Tribunal's decision was based on a previous case of the same assessee without focusing on the actual expenditure from the fund. The court directed the Tribunal to provide an opportunity for the respondent to demonstrate the expenditure from the fund to which the contribution was made, allowing the benefit of section 40A(10) if the expenditure is proven. The matter was remanded to the Tribunal for further evaluation based on the actual expenditure incurred from the fund.

In conclusion, the High Court of Madras addressed the issue of disallowance of contribution to the employees' benefit fund under relevant sections of the Income Tax Act. The court clarified the distinction between deduction for expenditure from the fund and the contribution made by the employer. By remanding the matter to the Tribunal, the court sought to ensure a proper assessment of the actual expenditure from the fund, allowing for a more accurate application of the tax provisions.