1974 (8) TMI 46 - HC - Income Tax

Summary

Issues Involved:
1. Exemption of compensatory (city) allowance under section 10(14) of the Income-tax Act, 1961.
2. Deductibility of compensatory (city) allowance under section 16(v) of the Income-tax Act, 1961.

Issue-wise Detailed Analysis:

1. Exemption of Compensatory (City) Allowance under Section 10(14) of the Income-tax Act, 1961

The primary issue was whether the compensatory (city) allowance received by the assessee, an Income-tax Officer posted in Bombay, was exempt from tax under section 10(14) of the Income-tax Act, 1961. The Tribunal had allowed the appeal, stating that all conditions under section 10(14) were satisfied, making the allowance exempt.

Conditions under Section 10(14):
- The allowance must be specifically granted to meet expenses.
- It should not be an entertainment allowance or perquisite within the meaning of section 17(2).
- Expenses should be wholly, necessarily, and exclusively incurred in the performance of duties.
- The exemption is only to the extent to which such expenses are actually incurred.

Revenue's Argument:
- The allowance is a perquisite within the meaning of section 17(2).
- It has no nexus with the performance of duties but is additional remuneration to offset the cost of living in the city.
- Expenses incurred for performance of duties are different from those incurred in performance of duties.

Assessee's Argument:
- The allowance is not a perquisite.
- There is a clear nexus between the allowance and the performance of duties.
- Even personal expenses incurred outside duty hours can be exempt under section 10(14).

Court's Analysis:
- The definition of "compensatory allowance" in Fundamental Rule 9(5) includes allowances to meet personal expenditure necessitated by special circumstances in which duty is performed.
- Fundamental Rule 93 and 44 regulate the drawing and amount of compensatory allowances, ensuring they are not a source of profit.
- The court referred to various case laws, including decisions from the House of Lords and the Kerala High Court, to analyze the distinction between expenses incurred for and in the performance of duties.
- The court noted that compensatory (city) allowance is not an emolument, fee, or profit but a reimbursement of personal expenses due to the cost of living in a particular city.

Conclusion:
The court concluded that compensatory (city) allowance is specifically granted to meet expenses wholly, necessarily, and exclusively incurred in the performance of duties. The allowance is not a perquisite under section 17(2) and has a clear nexus with the performance of duties. Thus, the Tribunal rightly held it as a permissible allowance under section 10(14).

2. Deductibility of Compensatory (City) Allowance under Section 16(v) of the Income-tax Act, 1961

Since the court answered the first question in favor of the assessee, it found it unnecessary to express an opinion on the second question regarding the deductibility of the compensatory (city) allowance under section 16(v) of the Act.

Conclusion:
The court answered the first question affirmatively, confirming that the compensatory (city) allowance received by the assessee is exempt from tax under section 10(14) of the Income-tax Act, 1961. Consequently, the second question was deemed unnecessary to address. Each party was directed to bear its respective costs of the reference.