1992 (11) TMI 58 - HC - Income Tax

Depreciation On Scientific Research Assets Provisos In Taxing Statutes Remuneration To Employee Directors

Summary

Issues Involved:
1. Applicability of section 40A(5)(a) and the ceiling limit for directors who are employees of the company.
2. Interpretation of depreciation allowance under section 32(1)(iv)/35(2)(ia) of the Income-tax Act.

Detailed Analysis:

Issue 1: Applicability of Section 40A(5)(a) and the Ceiling Limit for Directors who are Employees of the Company

Relevant Facts:
The assessee is a private limited company. For the assessment years 1972-73 and 1973-74, the company claimed deductions for the salary of its managing director. The Income-tax Officer restricted these deductions to Rs. 60,000, invoking the limit prescribed in clause (c) of section 40A(5). The assessee contended that the individual ceiling specified in clause (c) was not applicable and that only the aggregate ceiling of Rs. 72,000 specified in the first proviso to section 40A(5)(a) was applicable.

Legal Provisions:
Section 40A(5)(a) addresses the disallowance of certain expenditures incurred by a company on payments to employees or former employees. The first proviso to clause (a) specifies a ceiling of Rs. 72,000 on the aggregate expenditure for directors and other specified persons, while clause (c) specifies individual limits for different types of expenditures.

Court's Interpretation:
The court held that the proviso to clause (a) of section 40A(5) carves out a specific category of employees, including directors, for different treatment. The aggregate ceiling of Rs. 72,000 applies to all expenditures mentioned in the proviso, without individual ceilings on each type of expenditure as specified in clause (c). The court emphasized that the legislative intent was to treat employee-directors differently from other employees, and the aggregate ceiling should be applied without reference to individual limits.

Conclusion:
The court answered the first question in the affirmative, holding that the ceiling of Rs. 72,000 specified in the proviso to section 40A(5)(a) applies, and not the individual limit of Rs. 60,000 as stated by the Income-tax Officer.

Issue 2: Interpretation of Depreciation Allowance under Section 32(1)(iv)/35(2)(ia)

Relevant Facts:
The second question pertains to whether the depreciation allowance given under section 32(1)(iv)/35(2)(ia) is disjunctive and cumulative or alternative. This question relates to the assessment years 1972-73, 1973-74, and 1974-75.

Legal Provisions:
Section 32(1)(iv) and section 35(2)(ia) of the Income-tax Act deal with depreciation allowances for buildings, plants, and machinery used for scientific research.

Court's Interpretation:
The court noted that the controversy raised in this question has been concluded in favor of the Revenue by a recent Supreme Court decision in Escorts Ltd. v. Union of India [1993] 199 ITR 43. Following this decision, the court held that the depreciation allowance under these sections is not cumulative and disjunctive but alternative.

Conclusion:
The court answered the second question in the negative and in favor of the Revenue, upholding that the depreciation allowances under section 32(1)(iv)/35(2)(ia) are alternative.

Final Judgment:
1. The first question is answered in the affirmative and in favor of the assessee.
2. The second question is answered in the negative and in favor of the Revenue.

No order as to costs was made.