1991 (12) TMI 138 - AT - Income Tax

Summary

Issues:
Deduction of incentive bonus received by a Development Officer - Whether 40% deduction is allowable.

Analysis:
The appeal involved the question of whether a Development Officer of LIC is entitled to a deduction of 40% of the incentive bonus received. The Assessing Officer treated the incentive bonus as part of the salary and disallowed the 40% deduction claimed by the assessee. The Dy. CIT(Appeals) upheld this decision, citing the judgment of the Andhra Pradesh High Court and a circular explaining the standard deduction under section 16(i) of the Income-tax Act, 1961.

During the hearing, the counsel for the assessee argued that the deduction should be allowed from the perspective of real income, emphasizing that the expenses incurred for earning the incentive bonus should be considered. The Departmental Representative, however, supported the decision based on the Andhra Pradesh High Court judgment.

The Tribunal considered the nature of the incentive bonus, which is given based on the business procured by the Development Officer. The Tribunal noted that the bonus is conditional and varies with performance, akin to a reward for extra effort in securing more business. Drawing parallels with traders or businessmen incurring expenses to promote their business, the Tribunal concluded that a portion of the incentive bonus should be allowed as a deduction. The Tribunal cited a previous judgment where it was held that expenses incurred for earning the incentive bonus should be deducted before including the bonus as part of the salary under section 17 of the Income-tax Act.

Ultimately, the Tribunal modified the order, directing that only 25% of the incentive bonus should be allowed as a deduction for promoting the business, with the remaining 75% being assessable as part of the salary. This decision was based on the practical consideration and commercial sense of the situation. The appeal was partly allowed, reflecting the Tribunal's decision on the deduction of the incentive bonus for the Development Officer.