1979 (7) TMI 80 - HC - Income Tax

Summary

Issues:
1. Admissibility of deduction for provision made for payment of additional wages.

Analysis:
The case involved the question of whether the provision made for payment of additional wages was an admissible deduction for the assessment years 1969-70 and 1970-71. The respondent, a registered firm engaged in coal business, claimed deductions based on the recommendations of a Wage Board. The Income Tax Officer (ITO) rejected the claim, stating that the actual payment had not been made and the provisions were made without reason. The Appellate Assistant Commissioner (AAC) upheld the ITO's decision. However, the Income-tax Appellate Tribunal overturned the lower authorities' decisions, allowing the deductions as the respondent followed the mercantile system of accounting. The Central Board of Direct Taxes (CBDT) challenged the Tribunal's decision, arguing that the deductions were contingent liabilities pending Industrial Tribunal adjudication.

The court clarified that under the mercantile system of accounting, a legal liability is recognized when it becomes due, even if not yet disbursed. The CBDT contended that the liability was contingent, subject to Industrial Tribunal's decision. However, the court emphasized that a recommendation accepted by the government could constitute a legal liability, even if challenged by specific units. The Tribunal's decision was based on various factors, including the Wage Board's recommendations, auditors' reports, strike notices, and correspondence regarding additional wages. The Tribunal concluded that the liabilities were accrued, considering the circumstances and factual findings. The court distinguished previous cases cited by the CBDT, emphasizing the specific circumstances of the current case.

Regarding the CBDT's argument that the Tribunal's finding was based on extraneous considerations, the court held that such a challenge should have been raised before the Tribunal. Ultimately, the court ruled in favor of the respondent, affirming the Tribunal's decision that the deductions were admissible. The court also awarded costs to the respondent. Both judges concurred with the judgment.