9911796707
|
Home
Issues:
- Deductibility of professional tax under Section 150A of the Bihar and Orissa Municipal Tax Act, 1922, under the Indian Income-Tax Act, 1922. Analysis: 1. The case involved the question of whether a sum of Rs. 125 paid by the assessee as professional tax under Section 150A of the Bihar and Orissa Municipal Tax Act, 1922, was allowable under the Indian Income-Tax Act, 1922. The assessee claimed deduction of this amount for the assessment year of 1961-62, which was disallowed by the Income-tax Officer and the Appellate Assistant Commissioner but allowed by the Income Tax Appellate Tribunal. 2. The Income Tax Appellate Tribunal accepted the contention that the tax paid to the municipality was not a personal tax on profits or gains but a tax paid under specific provisions of the Municipal Act related to the premises where the business was carried on. The Tribunal referred the question to the High Court for its opinion. 3. The provisions of the Bihar and Orissa Municipal Act, 1922, empower the Municipality to impose a tax on trades, professions, callings, and employments specified in the Fourth Schedule. Section 150A of the Municipal Act requires individuals to take out a half-yearly license for carrying on specified professions and pay the assessed tax. The provisions also include exemptions based on taxable income, valuation of business premises, and income from employment. 4. The Fourth Schedule of the Municipal Act outlines different classes and maximum half-yearly taxes based on the valuation of business premises. The tax is not directly linked to profits or gains but to the valuation of the premises where the business is conducted. The payment of this tax is considered essential for carrying on business within the municipal limits. 5. The provisions clearly indicate that the tax payment is graduated based on the valuation of business premises, and the assessee falls within a specific category under the Fourth Schedule, justifying the tax payment made. 6. Section 10 of the Indian Income-tax Act, 1922, allows for deductions of sums paid on account of land-revenue, local rates, or municipal taxes in respect of premises used for business. However, Sub-section (4) specifies that sums paid on account of any tax levied on profits or gains of a business are not deductible. In this case, the tax paid was not on profits or gains but for carrying on the business in specific premises, making it deductible. 7. The High Court held that the payment made by the assessee as professional tax under the Municipal Act was in substance a municipal tax in respect of the business premises and fell under the deduction allowed by Section 10(1) of the Income-tax Act. Therefore, the assessee was entitled to the allowance for the sum paid. 8. The Court answered the question in the affirmative, ruling in favor of the assessee and allowing the deduction of Rs. 125 paid as professional tax. The judgment highlighted the distinction between taxes on profits or gains and taxes related to the premises used for business, clarifying the deductibility under relevant provisions of the Income-tax Act. 9. The Court awarded costs to the assessee, affirming the decision of the Income Tax Appellate Tribunal to allow the deduction.
|
