1980 (1) TMI 22 - HC - Income Tax

Summary

Issues involved: The judgment addresses the question of whether the free use of a company's car by a director can be considered a perquisite or benefit u/s 2(24) of the Income-tax Act, 1961, and assessed as the income of the assessee.

Summary:
In the case of T.C. No. 865 of 1976, the Tribunal held that the free use of the company's car by the director could not be considered a perquisite within the meaning of the Income-tax Act, 1961. This decision was based on a previous order of the Tribunal in a similar case, where it was established that unauthorized benefits taken from a company without its authority or knowledge do not constitute a perquisite. The court referred to the decision in CIT v. A. R. Adaikappa Chettiar [1973] 91 ITR 90, which emphasized that a benefit or perquisite must be agreed to be provided by the company to be considered as such. The court clarified that only unauthorized benefits enjoyed by individuals coming under the relevant section of the Act would not be considered as perquisites. The judgment also highlighted the distinction between disallowance in the hands of the company and assessment in the hands of the recipient of the benefit, emphasizing the need for authorities to evaluate each case independently.

In subsequent cases, including T.C. Nos. 116, 124, 161, 552 to 554 of 1976, and 68 to 70 of 1977, the Tribunal assessed whether additions made for car expenses, traveling expenses, and telephone charges could be considered perquisites u/s 2(24)(iv) of the Act. The court reiterated that assessments should be made based on the benefits obtained by the assessee, as per the decision in CIT v. P. R. Ramakrishnan [1980] 124 ITR 545 (Mad). The judgment concluded that the questions in T.C. Nos. 865, 116, 124, 161 of 1976, and 68 to 70 of 1977 were answered in the negative and in favor of the revenue, with the Tribunal instructed to determine the quantum. For the other references, the Tribunal was directed to consider the matter in light of all facts and the court's decision in CIT v. P. R. Ramakrishnan [1980] 124 ITR 545 (Mad). No costs were awarded in any of the tax cases.