2008 (9) TMI 918 - HC - Income Tax

Summary

Issues Involved
1. Deduction of contribution to the Staff Superannuation Fund.
2. Deduction of contribution to the Staff Provident Fund.
3. Valuation of perks provided to a director in the form of car usage.
4. Reduction of value of perks for personal use of the car.
5. Nature of business promotion expenses as entertainment expenditure.
6. Legal expenses subject to the ceiling under section 80VV.
7. Deduction of excise duty liability.
8. Deduction of excise duty on doubled yarn not actually paid.
9. Disallowance of commission paid to employees.
10. Deletion of addition claimed as commission payable to Executive staff.
11. Treatment of commission payable to Executive Staff as salary under section 40A(5).
12. Relief on account of sales tax.
13. Deduction on account of contribution towards Employee's Provident Fund.
14. Provision and expenses on telephones installed at residences of Directors and Senior Executives.
15. Treatment of half of the expenses on telephones as perquisite/facility under section 40A(5).
16. Basis of disallowance for providing facilities to Directors/Employees.
17. Treatment of reimbursement of medical expenses as a perquisite under section 40A(5).
18. Treatment of rents of garages and servant quarters hired at residences of directors as a perquisite under section 40A(5).
19. Treatment of interest-free loan to a director as remuneration, amenity, or benefit under section 40(c).
20. Applicability of rule 6D(2)(b) to expenditure incurred on a chairman.
21. Allowability of payment to Gratuity Fund under section 36(1)(iv) for earlier years.
22. Treatment of House Rent Allowance as a perquisite under section 40A(5).
23. Depreciation on technical know-how capitalized by the assessee.
24. Deduction of contribution to Gratuity Fund.

Detailed Analysis

Re: Q. No. (i)
The Tribunal disallowed the deduction for the Staff Superannuation Fund as the approval by the Commissioner was granted after the relevant period. The court upheld this decision, referencing the judgment in *CIT v. Jamuna Auto Industries* which states that approval granted subsequent to the period in question does not allow for retroactive deductions. The question was answered in favor of the revenue.

Re: Q. No. (ii)
The Tribunal's decision to disallow the deduction for the Staff Provident Fund was upheld. The fund's recognition was withdrawn and later reinstated, but not within the relevant period. The question was answered against the assessee.

Re: Q. No. (iii)
The assessee conceded that the valuation of perks should follow rule 3(c)(ii) of the Income-tax Rules, 1962. The court confirmed this, answering the question against the assessee.

Re: Q. No. (iv)
The Tribunal's decision to allow partial deduction for the car's personal use was upheld as a finding of fact, assuming the car was used for business purposes to the extent allowed. The question was answered against the revenue.

Re: Q. No. (v)
The question was answered against the assessee based on Explanation II to section 37(1) of the Act, which was effective from 1-4-1976, making such expenses disallowable.

Re: Q. No. (vi)
This question was not pressed by the assessee and was thus answered against the assessee.

Re: Q. Nos. (vii) & (viii)
The Tribunal's decision on excise duty was contested but the assessee agreed to answer these questions against themselves to end litigation. The questions were answered in favor of the revenue.

Re: Q. No. (ix)
The question was not pressed by the assessee and was answered against the assessee.

Re: Q. No. (x)
The Tribunal allowed the commission paid to the Executive Staff, finding it genuine and commercially expedient. The question was answered against the revenue.

Re: Q. No. (xi)
The Tribunal's decision to treat the commission as salary under section 40A(5) was upheld, following the Supreme Court's ruling in *Gestetner Duplicators (P.) Ltd. v. CIT*. The question was answered in favor of the revenue.

Re: Q. No. (xii)
The Tribunal's decision to allow sales tax deduction was upheld as the liability had been crystallized by an amendment to the Haryana General Sales Tax Act. The question was answered in favor of the assessee.

Re: Q. No. (xiii)
Following the reasoning in question No. (i), the question regarding the Employee's Provident Fund was answered in favor of the revenue.

Re: Q. No. (xiv)
The Tribunal's decision on telephone expenses was upheld, assuming they were for business purposes. The question was answered against the revenue.

Re: Q. No. (xv)
Following the decision on question No. (xiv), the question regarding treating half of the telephone expenses as perquisites was answered in favor of the assessee.

Re: Q. No. (xvi)
The question was answered against the assessee, following the Supreme Court judgment in *British Bank of Middle East* and the previous case of the assessee.

Re: Q. No. (xvii)
The Tribunal's decision on medical reimbursement was upheld, referencing the Supreme Court's ruling in *CIT v. Mafatlal Gaganbhai & Co. (P.) Ltd.*. The question was answered in favor of the assessee.

Re: Q. No. (xviii)
The Tribunal's finding that garage and servant quarter rents were not perquisites was upheld. The question was answered against the revenue.

Re: Q. No. (xix)
The Tribunal's decision on interest-free loans was upheld, referencing the Supreme Court's ruling in *V.M. Salgaocar & Bros. (P.) Ltd. v. CIT*. The question was answered in favor of the assessee.

Re: Q. No. (xx)
The Tribunal's decision on travelling expenses was contested but the question was answered in favor of the revenue, following the Supreme Court's judgment in *C.K. Gangadharan v. CIT*.

Re: Q. No. (xxi)
The Tribunal's decision on Gratuity Fund payment was upheld as it was made during the relevant year. The question was answered in favor of the assessee.

Re: Q. No. (xxiii)
The question was answered in favor of the assessee, following earlier judgments of the court in the assessee's case.

Re: Q. No. (xxiv)
Following the reasoning in question No. (i), the question on the Gratuity Fund was answered against the assessee.