1979 (11) TMI 70 - HC - Income Tax

Company Director Industrial Undertaking Limit For Allowance Salary And Perquisites Total Income

Summary

Issues:
1. Interpretation of provisions of section 40A(5)(a) of the Income-tax Act, 1961 regarding deduction of salary/remuneration paid to a director.
2. Dispute regarding relief under section 80J of the Income-tax Act for the assessment year 1973-74.

Analysis:
1. The judgment dealt with the interpretation of provisions of section 40A(5)(a) of the Income-tax Act, 1961 regarding the deduction of salary/remuneration paid to a director. The assessee, a private limited company, paid managerial remunerations to a director, including salary and commission based on net profit. The Income Tax Officer (ITO) contested the permissible salary amount under section 40A(5), while the Tribunal allowed a deduction of Rs. 72,000 per annum to the assessee. The court analyzed the provisions of section 40A(5)(a) which restricts the deduction of certain expenditures related to salary and perquisites for employees, setting a maximum limit of Rs. 72,000 per annum for companies. The court concluded that the maximum limit for deduction for companies is indeed Rs. 72,000 per annum, ruling in favor of the assessee and against the revenue.

2. The second issue involved a dispute regarding relief under section 80J of the Income-tax Act for the assessment year 1973-74. The court noted that the judgment in a previous case covered the issue in favor of the assessee. However, due to concerns that an appeal acceptance by the Supreme Court might reverse the view, the revenue referred the question to the court. The court, based on the previous judgment and Supreme Court decision, ruled in favor of the assessee regarding the deduction under section 80J of the Income-tax Act. The judgment was delivered by two judges, with both concurring on the decisions made in favor of the assessee.