2017 (8) TMI 131 - HC - Income Tax

Deduction in respect of the incentive bonus - Held that - A Division Bench of this Court in Commissioner of Income Tax Vs. Raza Textiles Ltd. (2005 (5) TMI 20 - ALLAHABAD High Court) has held that where incentive bonus had been paid as a reward of good attendance and efficiency to the workers, it is deductible under Section 37 of the Act. Stock of incentive sugar has to be valued on the levy price and not the cost price. Commissioner of Income Tax Vs. Bannari Amman Sugars Ltd. 2012 (9) TMI 848 - SUPREME COURT Disallowance of guest house expenses under Section 37 - Held that - In view of subsection (4) of section 37 of the Act which stood at the relevant time all expenses incurred by the assessee on any accommodation of the nature of the guest house after 28.02.1970 are not allowable. Expenditure incurred by the assessee in respect of guest house after 28.02.1970 shall not be allowable.

Summary

Issues:
1. Disallowance of production incentive bonus
2. Disallowance of guest house expenses under Section 37 of the Income Tax Act, 1961
3. Addition made on account of under valuation of closing stock

Analysis:
1. The first issue pertains to the disallowance of production incentive bonus. The Tribunal allowed the deduction for the incentive bonus, citing a previous judgment Commissioner of Income Tax Vs. Raza Textiles Ltd. The court held that if the bonus is paid as a reward for good attendance and efficiency to workers, it is deductible under Section 37 of the Income Tax Act. The Tribunal's decision was deemed correct based on this interpretation.

2. Moving on to the second issue of disallowance of guest house expenses under Section 37 of the Act, the respondent- assessee claimed guest house expenses which were disallowed by the Assessing Authority but accepted by CIT (Appeals) and upheld by the Tribunal. However, the court referred to subsection (4) of Section 37, which states that no allowance is permissible for any expenditure incurred on a guest house after 28.02.1970. The court found that the Tribunal failed to consider this provision while allowing the guest house expenditure. Consequently, the court ruled in favor of the department, stating that any expenditure incurred on a guest house after the specified date shall not be allowable under Section 37.

3. Lastly, the issue of the addition made on account of under valuation of closing stock was addressed. The Supreme Court's decision in Commissioner of Income Tax Vs. Bannari Amman Sugars Ltd. clarified that the stock of incentive sugar must be valued on the levy price, not the cost price. The court found the Tribunal's deletion of the addition justified based on this ruling.

In conclusion, the court upheld the deduction for the production incentive bonus and the deletion of the addition related to under valuation of closing stock. However, it ruled against the allowance of guest house expenses incurred after 28.02.1970, in line with the provisions of Section 37 of the Income Tax Act.