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Issues involved: Assessment of gratuity liability u/s 37, admissibility of deduction for gratuity liability actuarially ascertained for services rendered in previous years.
Judgment Summary: The High Court of Karnataka addressed the issue of admissibility of a deduction for gratuity liability actuarially ascertained for services rendered in previous years. The assessee, a public limited company, had a gratuity payment scheme without creating a trust or fund. The company claimed deductions for actual payments in earlier assessments but later sought a deduction based on actuarial valuation for the assessment year 1971-72. The Income Tax Officer (ITO) allowed a deduction for the liability attributable to the previous year only. The Tribunal upheld this decision, leading to the reference of the question to the High Court. The Court emphasized the need for expenditure claimed as a deduction to be incurred in the relevant accounting year. It highlighted that aggregating liabilities from earlier years and claiming them in a lump sum for a subsequent year distorts the true profits of that year. The Court referred to legal precedents to support this principle, emphasizing the importance of matching expenses with the relevant accounting period. The Court rejected the assessee's argument that liabilities from earlier years could be claimed in a single year, citing specific cases where such claims were not allowed due to the timing of the liability's origination. The Court distinguished cases where actual payments were made to a fund, allowing deductions for the relevant assessment year. Ultimately, the Court upheld the Tribunal's decision, stating that liabilities or expenditures must be claimed in the year they are incurred, not deferred to a later year of the assessee's choice. In conclusion, the High Court answered the question in the affirmative, affirming the Tribunal's decision and emphasizing the importance of correctly attributing expenses to the relevant accounting periods.
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