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Issues:
1. Whether the assessee is entitled to claim deduction of the contribution made to public provident fund even if it did not come out of the income chargeable to tax? Analysis: The case involved a dispute regarding the deduction claimed by the assessee for a sum deposited in a public provident fund under section 80C of the Income-tax Act, 1961. The Assessing Officer denied the deduction, stating that the contribution did not have a nexus with the income chargeable to tax for the relevant assessment year. The Commissioner of Income-tax (Appeals) upheld this decision, leading the matter to be appealed before the Tribunal. The Tribunal, relying on a precedent from the Punjab and Haryana High Court, allowed the claim. However, the Revenue contended that the Tribunal's approach was erroneous as it overlooked the specific language of section 80C of the Act. Upon reviewing section 80C, the court emphasized the requirement that deductions can only be granted if the payment is made out of the income chargeable to tax. The court referred to a previous case to highlight that the absence of a provision explicitly stating that the payment must come from income chargeable to tax does not alter this requirement. The court concluded that the contribution in question was not made out of the income chargeable to tax, thus supporting the Revenue's position. A similar stance was taken by the Orissa High Court in a previous case, further reinforcing the court's decision. In summary, the court held that deductions under section 80C can only be claimed if the payment originates from income chargeable to tax. Since the contribution in this case did not meet that criterion, the court ruled in favor of the Revenue and against the assessee. Consequently, the court answered the referred question in the negative, supporting the Revenue's position and disposing of the reference accordingly.
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