1983 (5) TMI 44 - AT - Income Tax

Summary

Issues: Taxation of membership fee as perquisite under section 17(2)(iii) of the Income-tax Act, 1961

Analysis:
The appeal was filed against the order of the AAC related to the assessment year 1977-78, specifically concerning the taxation of a sum of Rs. 25,000 as a perquisite under section 17(2)(iii) of the Income-tax Act, 1961. The assessee, an individual deriving income from salary and other sources, became a life member of a sports club by paying the said sum, contending it was for the business interests of the employer. The ITO assessed the amount as a perquisite, which was upheld by the AAC.

The main argument presented was that the membership was solely for the business interests of the employer, and the expense had been allowed by the Commissioner (Appeals) in the case of the company. The representative for the assessee emphasized that the membership did not confer any personal benefit to the assessee and cited legal precedents to support the argument. The revenue authorities, however, supported the taxation, stating that being a member of a prestigious club like the one in question resulted in personal benefit to the individual.

After considering the contentions and facts, the Tribunal concluded that the sum of Rs. 25,000 paid for the membership could not be considered a perquisite in the hands of the assessee. The Tribunal highlighted that the assessee was already a member of another club for personal amusement, and there was no evidence to suggest the membership at the second club was for personal benefit. Additionally, the Tribunal noted that the ITO did not invoke certain sections in the case of the company, indicating the expenditure was not considered a perquisite. The Tribunal held that the expenditure was spent wholly for the business and did not confer any benefit to the assessee, ultimately deleting the tax on the sum. The alternative contention regarding bifurcation of the amount was not addressed due to the primary conclusion.

In conclusion, the appeal was allowed, and the sum of Rs. 25,000 was not considered a perquisite in the hands of the assessee based on the specific circumstances and lack of evidence showing personal benefit accruing to the individual.