2008 (1) TMI 317 - HC - Income Tax

Commission paid to the director cannot be held to be a perquisite for the purpose of limits prescribed u/s 40A (5) - in case of directors both Sections 40A (5) & 40 (c) are attracted and the higher of the two ceilings has to be applied held that payment on account of rent electricity water and fuel bills shall not be considered as perquisite for the purpose of Section 40A (5) - Tribunal was not right in law in allowing deduction u/s 80 HH before deducting investment allowance

Summary

Issues:
1. Interpretation of Sections 40A(5) and 40(c) for disallowance of director's remuneration.
2. Treatment of commission and other expenses as part of director's remuneration.
3. Deduction under Section 80HH before investment allowance deduction.

Issue 1: Interpretation of Sections 40A(5) and 40(c) for disallowance of director's remuneration

In Income Tax Reference No. 102 of 1992, the dispute revolved around the disallowance of remuneration paid to the director. The Tribunal referred questions regarding the applicability of Sections 40A(5) and 40(c) of the Income Tax Act, 1961. The assessee argued that the commission paid to the director should not be considered for the overall limit of remuneration. The Tribunal cited precedents, including a Supreme Court case, to determine that both Sections 40A(5) and 40(c) are applicable to directors, and the higher of the two ceilings must be applied. Consequently, the treatment of commission as a perquisite for Section 40A(5) was decided in favor of the assessee.

Issue 2: Treatment of commission and other expenses as part of director's remuneration

Regarding the payment of commission and other expenses like rent, electricity, water, and fuel bills as part of the director's remuneration, the assessee contended that these amounts should not be considered under Section 40A(5). The Tribunal referred to relevant case laws to establish that these expenses do not qualify as perquisites for the purpose of Section 40A(5). Citing judgments such as H.M.M. Ltd. v. Commissioner of Income Tax, the court held that these payments should not be treated as perquisites under Section 40A(5).

Issue 3: Deduction under Section 80HH before investment allowance deduction

In Income Tax Reference No. 103 of 1992, the question arose whether deduction under Section 80HH should be allowed before deducting investment allowance, contrary to the provisions of Section 80-AB of the Income-tax Act, 1961. The court relied on previous judgments, including one from the Rajasthan High Court, to rule in favor of the revenue and against the assessee. The decision was based on precedent and established interpretations of relevant tax provisions.

In conclusion, the High Court of Punjab and Haryana addressed various issues related to the interpretation of tax provisions concerning director's remuneration, treatment of specific expenses, and the sequence of deductions under different sections of the Income-tax Act, 1961. The judgments provided clarity on the applicability of Sections 40A(5), 40(c), and 80HH in the context of the cases presented, ensuring consistency and adherence to legal principles in tax matters.