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Issues involved: Interpretation of section 194C of the Income-tax Act, 1961 regarding banquet charges and the authority of income-tax officials to issue clarifications binding on taxpayers.
Summary: The High Court of Karnataka addressed the issue of the interpretation of section 194C of the Income-tax Act, 1961 concerning banquet charges in a judgment delivered by Justice G. C. Bharuka. The case involved a public limited company owning five-star hotels and a shareholder challenging a clarification by the Deputy Commissioner of Income-tax regarding the applicability of section 194C to banquet charges exceeding a certain limit per person. The controversy arose from the Deputy Commissioner's statements during an interface meeting with corporate entities, leading to disputes over tax deductions made by companies availing banquet facilities. The central question was whether such clarifications by income-tax authorities have statutory authority to bind taxpayers under the Act. The Deputy Commissioner argued that such clarifications are necessary for fair implementation of tax provisions and are binding on departmental officers. However, Justice Bharuka rejected this argument, emphasizing that income-tax authorities cannot assume legislative powers to issue clarifications binding on taxpayers. He highlighted that statutory powers to remove doubts in Act provisions are vested in the Central Government, not income-tax officials. The judgment referenced the case law establishing that the Central Government has delegated legislative power under the Act to address difficulties in implementation. Furthermore, the judgment criticized the Deputy Commissioner's assertion that instructions issued by Commissioners would bind taxpayers unless challenged through legal avenues. Justice Bharuka emphasized that income-tax authorities must operate within the confines of their designated powers and cannot unilaterally impose interpretations of statutory provisions. The judgment concluded by quashing the impugned clarification and affirming that taxpayers should adhere to the Act's provisions and judicial decisions, not unofficial clarifications by income-tax authorities. The writ petitions were allowed with no costs awarded.
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