9911796707
|
Home
Issues:
Assessment of perquisites for free use of car and curtailment of standard deduction. Analysis: In the assessment year 1980-81, two brothers and Directors of two companies filed revised returns showing the value of perquisites received from employer companies, specifically for the free use of a car. The Income Tax Officer (ITO) added a sum as perquisite for the free use of the car and restricted the standard deduction under section 16(i) of the IT Act, 1961 to Rs. 1,000 only. The assessees challenged these additions, arguing that the use of the company's car did not amount to a perquisite and that the standard deduction was wrongly curtailed. The CIT(A) upheld the additions based on the decision of the Hon'ble Allahabad High Court and the provisions of section 16. The assessees contended that the free use of the car should not be considered a perquisite and that the standard deduction was wrongly restricted. The assessees' counsel relied on legal precedents to support their arguments, including decisions of the Hon'ble Madras High Court and the Supreme Court of India. The departmental representative supported the CIT(A)'s order. The Tribunal considered the submissions and held that the value of the perquisite enjoyed through the free use of the car was assessable as part of the total income under section 17. The Tribunal referred to various decisions, including those of the ITAT, to support this conclusion. It was noted that the free use of the car by the Directors was not unauthorized, as there was an implied sanction from the companies. Therefore, the perquisite was deemed assessable. The Tribunal also found that the standard deduction was rightly curtailed under section 16 since the car was used for personal purposes. Ultimately, the Tribunal dismissed both appeals, upholding the assessment of perquisites for the free use of the car and the curtailment of the standard deduction. The Tribunal found that the perquisite was not casual or unauthorized, and the standard deduction was correctly fixed at Rs. 1,000 in each case in accordance with the provisions of section 16.
|
