1981 (8) TMI 38 - HC - Income Tax

Summary

Issues:
1. Allowability of gratuity paid to deceased director's widow as a business expenditure.

Analysis:
The judgment pertains to the allowability of gratuity paid by a private limited company to the widow of a deceased director as a business expenditure for the relevant assessment year 1963-64. The Income Tax Officer (ITO) initially disallowed this expenditure, but the Appellate Assistant Commissioner (AAC) and the Appellate Tribunal held it as an allowable item of expenditure. The Tribunal found that the company had a gratuity scheme for staff, and the deceased director was entitled to provident fund and other benefits as per the articles of association. The gratuity amount was determined based on the deceased director's years of service, and a resolution confirmed this basis for calculation, leading the Tribunal to allow the deduction as a business expenditure.

The argument raised by the I.T. Department's standing counsel was that gratuity is not applicable to company directors as they are not employees. However, the judgment highlighted the evolving trend of having service directors on boards, blurring the distinction between directors and employees. The court referenced landmark decisions emphasizing that directors can be considered employees under certain circumstances. Additionally, the court cited a Supreme Court decision establishing that gratuity payments are no longer ex gratia but based on commercial expediency, applicable not only to employees but also to service directors.

Regarding the timing of the gratuity payment resolution, the court dismissed its significance as the payment was made before the resolution, in accordance with the articles of association. The resolution merely approved and ratified the payment already made. The court concluded that the gratuity paid to the deceased director's widow was a legitimate business expenditure, not ex gratia, and upheld the Tribunal's decision. Consequently, the court answered the question in the affirmative, ruling in favor of the assessee and awarding costs.