2007 (5) TMI 182 - HC - Income Tax

Compensation paid by the assessee on account of breach of contract does not fall in the category of payment of penalty for breach of any law but would be a compensation for breach of contractual obligations, accordingly, will fall in the category of allowable deduction - For the reasons recorded above, the question referred is answered against the revenue and in favour of the assessee

Summary

Issues:
- Allowability of compensation as a deduction for breach of contract in income computation.

Analysis:
The judgment addresses the issue of whether compensation paid for breach of contract can be considered an allowable deduction in income computation. The case involves an assessee who claimed a deduction of Rs.16.27 lakhs as compensation for delay in executing works. The Assessing Officer initially rejected the claim, but the Commissioner of Income Tax (Appeals) allowed it, citing a Supreme Court judgment that such compensation for breach of contract is allowable. The Tribunal upheld this decision, noting that the compensation had already been forfeited by the contractee. The revenue contended that penalties for default in contract execution cannot be treated as business expenses, relying on precedent. However, the assessee argued that penalties for breach of law differ from compensation for breach of contract, citing various judicial pronouncements to support their stance.

The Supreme Court precedent in Prakash Cotton Mills 'P Ltd case clarified that deductions are permissible for compensatory amounts, not penal ones. Similarly, in Murari Lal Ahuja's case and Indo Asian Switch-Gears' case, compensation for breach of contract was deemed allowable. The judgment distinguishes between penalties for breach of law and compensation for breach of contract, emphasizing that the latter is a business loss and should be allowed as a deduction. The judgment also highlights that the precedent in Cineramas' case, which dealt with breach of law, is not applicable to the present case involving breach of contractual obligations.

Moreover, the judgment notes that a previous reference relied upon by the Tribunal, Punjab Wireless Systems' case, was decided in favor of the assessee. Ultimately, the Court rules in favor of the assessee, stating that the compensation paid for breach of contract constitutes an allowable deduction. As the compensation was not a penalty for breaching any law but rather for breaching contractual obligations, it falls under the category of allowable deductions. Consequently, the question referred is answered against the revenue and in favor of the assessee, leading to the disposal of the reference accordingly.