1985 (6) TMI 21 - HC - Income Tax

Summary

Issues:
1. Disallowance of salaries paid to Smt. Kamala Devi Saboo for various assessment years.
2. Competency of the Tribunal to decide on the allowability of salaries paid to Smt. Kamala Devi Saboo.
3. Adequacy of services rendered by Smt. Kamala Devi Saboo in relation to the salaries paid.

Analysis:

1. Disallowance of Salaries:
The Income-tax Officer disallowed the salaries paid to Smt. Kamala Devi Saboo for multiple assessment years, citing lack of evidence regarding the duties performed by her. The Appellate Assistant Commissioner partially allowed the salaries, considering factors like her relation to a top executive in the company and the proportionality of her salary to services rendered. The Tribunal upheld the disallowances made by the Appellate Assistant Commissioner, emphasizing the absence of internal evidence to support the adequacy of services provided by Smt. Kamala Devi Saboo. The High Court affirmed the Tribunal's decision, concluding that the disallowances were justified.

2. Tribunal's Competency:
The Tribunal remanded the issue of the validity of proceedings under section 147 to the Appellate Assistant Commissioner but independently decided on the allowability of salaries paid to Smt. Kamala Devi Saboo. The High Court held that the Tribunal was competent to make a decision on the allowability of salaries, even with the remanded issue pending, as the two matters could be addressed separately. This affirmed the Tribunal's authority to rule on the salary disallowances.

3. Adequacy of Services Rendered:
The Tribunal highlighted the lack of internal evidence supporting the services rendered by Smt. Kamala Devi Saboo in exchange for the salaries paid. The Tribunal noted the company's reliance on external evidence and emphasized the need for thorough inquiries by the income-tax authorities. The High Court agreed with the Tribunal's assessment, stating that the company failed to substantiate the adequacy of services provided by Smt. Kamala Devi Saboo, justifying the disallowances upheld by the Tribunal.

In conclusion, the High Court affirmed the Tribunal's decision to sustain the disallowances of salaries paid to Smt. Kamala Devi Saboo, emphasizing the lack of internal evidence supporting the services rendered. The Court also clarified the Tribunal's competency to decide on the salary allowability issue independently, even with another matter remanded for consideration.