2017 (11) TMI 497 - AT - Income Tax

Addition u/S 17(1)(v)as salary advance to the income of the assessee - disallowance on account of advance salary received - Held that - Payment received by the assessee is a benefit and amenity provided to him by his employer company therefore it is not taxable in the hands of the assessee. Payment received by the assessee is fully covered by the provisions of section 17 2 (iii) (a) of the I.T. Act and Rule 3 (7) (i) of the I.T. Rules, which is benefit or amenity provided to the assessee at free cost, by his employer company. Considering the factual position, we are of the view that addition made by learned Assessing Officer of ₹ 7,27,865/- and confirmed by the ld CIT(A) needs to be deleted. - Decided in favour of assessee.

Summary

Issues:
1. Disallowance of advance salary received by the assessee.
2. Interpretation of provisions under section 17(1)(v) of the Income Tax Act 1961.
3. Application of section 17(2)(iii)(a) and Rule 3(7)(i) of the Income Tax Rules, 1962.

Issue 1: Disallowance of advance salary received by the assessee:
The appeal filed by the assessee was directed against the order passed by the ld. CIT(A)-19, Kolkata, confirming the disallowance of &8377; 7,27,865/- on account of advance salary received. The assessing officer added this amount under section 17(1)(v) of the Income Tax Act, 1961, as salary advance to the income of the assessee. The ld. CIT(A) upheld this addition as the amount claimed as a loan from the company was not reflected in the company's auditable balance sheet. The appellant failed to provide a reconciliation of the claimed amount returned to the company, leading to the confirmation of the addition.

Issue 2: Interpretation of provisions under section 17(1)(v) of the Income Tax Act 1961:
The assessee contended that the amount received was exempted under section 17(2)(iii)(a) as a benefit and amenity granted free of cost by the employer company. The ld. AR highlighted the provisions of section 17(2)(iii)(a) and Rule 3(7)(i) of the Income Tax Rules, 1962, to support the argument that the payment received was not taxable in the hands of the assessee. The tribunal agreed with the assessee's interpretation, stating that the payment constituted a benefit or amenity provided by the employer company, falling within the exemption criteria of section 17(2)(iii)(a) and Rule 3(7)(i).

Issue 3: Application of section 17(2)(iii)(a) and Rule 3(7)(i) of the Income Tax Rules, 1962:
The tribunal, after considering the submissions of both parties, concluded that the payment received by the assessee was covered by the provisions of section 17(2)(iii)(a) and Rule 3(7)(i). The tribunal found merit in the arguments presented by the ld. AR for the assessee, emphasizing that the payment was a benefit and amenity provided by the employer company, thus not taxable in the hands of the assessee. Consequently, the tribunal decided to delete the addition made by the assessing officer and confirmed by the ld. CIT(A), thereby allowing the appeal filed by the assessee.

In conclusion, the tribunal ruled in favor of the assessee, holding that the payment received constituted a benefit exempted under section 17(2)(iii)(a) and Rule 3(7)(i), leading to the deletion of the disallowance of advance salary received.