2008 (1) TMI 23 - HC - Income Tax

TDS - Tribunal has held that Deduction u/s 10(14) can be allowed by the employer on the basis of declaration filed by the employees without verifying actual expenditure incurred by the employee and maintaining records thereof - Since no question of law arise revenue petition dismissed

Summary

Issues:
1. Exemption of Children's Education Allowance under u.s.10(14)
2. Exemption of Leave Travel Allowance under u.s. 10(5)

Analysis:

*Issue 1: Exemption of Children's Education Allowance under u.s.10(14)*

The appeal in question pertains to the assessment years 1995-96, where the Assessing Officer disputed the exemption claimed by the assessee for Children's Education Allowance and Leave Travel Allowance. The Assessing Officer contended that the exemptions were wrongly treated as exempted solely based on declarations filed by the employees without sufficient proof of actual expenditure incurred. The C.I.T. (Appeal) upheld this view, stating that relying only on employee declarations was insufficient to establish an honest belief. However, the tribunal examined the declarations and affidavits filed by employees, along with the T.D.S. deductions made by the employer. The tribunal concluded that the employer had not blindly accepted the declarations and had fairly estimated the income for tax deduction purposes. The tribunal's decision was based on factual findings, which were deemed appropriate, leading to the dismissal of the revenue's appeal.

*Issue 2: Exemption of Leave Travel Allowance under u.s. 10(5)*

In a similar vein, the tribunal considered the case of Glaxo India Limited where short deductions in salaries paid to employees were disputed. The tribunal emphasized that the employer's estimation of income for tax deduction purposes should be bona fide, not necessarily based solely on employee returns. The tribunal highlighted that the purpose of tax deduction at source is to facilitate early tax collection, requiring a genuine estimate by the employer. The tribunal's decision in Glaxo India Limited was upheld by the High Court, emphasizing the importance of bona fide estimates for tax deductions. The court differentiated cases involving deliberate non-deposit of deducted tax, emphasizing that the present case involved deductions on estimated income. The court also referenced other judgments to support the distinction between mandatory interest levies for non-deposit of tax and cases of genuine estimation for tax deductions.

In conclusion, the High Court dismissed the revenue's appeal, emphasizing that the factual findings and issues at hand did not give rise to any legal questions. The court reiterated the importance of employers making bona fide estimates for tax deductions on estimated income, as highlighted in the cases discussed.