1993 (2) TMI 1 - SC - Income Tax

Indian company paid tax on behalf of the assessee - Whether the amount of tax paid by Ballarpur on behalf of the assessee, is income taxable under the heading Other sources - integral connection between the salary received by the assessee and the tax payable thereon paid by Ballarpur in pursuance of a legal obligation, cannot be over-looked - to determine annual value u/s 23, standard rent should be taken as the basis even where the assessee is receiving rent higher than the standard rent

Summary

Issues:
1. Taxability of amount paid by Ballarpur on behalf of the assessee under the heading 'Other sources'.
2. Whether the tax component paid by Ballarpur can be included in the income of the assessee.
3. Classification of the said income under a specific head of income.

Analysis:
The case involved the taxability of the amount paid by Ballarpur on behalf of the assessee under the heading 'Other sources'. The assessee, an individual working on a project in India, received a salary from Ballarpur, which included tax paid by Ballarpur on his behalf. The dispute arose when the tax amount paid by Ballarpur was added to the salary of the assessee as a perquisite by the Income-tax Officer. The assessee contended that the tax amount should not be treated as his income, as he did not directly receive it. However, the Tribunal and the High Court held that the tax amount is liable to be included in the assessee's income.

The court analyzed the definition of "income" under the Income-tax Act, emphasizing that the tax paid by Ballarpur on behalf of the assessee is directly related to the salary received by the assessee. It was noted that the tax payment by Ballarpur was an integral part of the salary agreement, without which the assessee would have been liable to pay the tax himself. Therefore, the court held that the tax amount paid by Ballarpur constitutes income of the assessee and should be included in his taxable income for the relevant assessment years.

Regarding the classification of the said income, since the assessee was not an employee of Ballarpur, it was determined that the income should be placed under "Income from other sources" as per section 56(1) of the Income-tax Act. The court rejected the arguments based on previous court decisions cited by the assessee's counsel, as they were found to be irrelevant to the specific circumstances of the case. Ultimately, the court dismissed the appeals, upholding the inclusion of the tax component paid by Ballarpur in the assessee's income under the head 'Other sources'.