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2012 (11) TMI 343 - BOMBAY HIGH COURTSalary income - Whether tax borne by the employee is not part of the pay? - Held that:- Though the assessee had paid tax of Rs. 50.00 lakhs, since the assesses was entitled to reimbursement of Rs. 35.00 lakhs from the Company, the salary income (Rs. 77.00 lakhs) received by the assesses had to be enhanced by Rs. 35.00 lakhs only and not the balance Rs. 15.00 lakhs which is paid by the assesses from the salary income. In these circumstances, the Tribunal was justified in holding that the tax amounting to Rs. 15.00 lakhs paid by the assessee from the salary income (not reimbursed by the company) could not be added to that income of the assessee - in favor of assessee. Notional interest on interest free deposit made for accommodation - part of perquisite of the assessee or not ? - Held that:- Allowed the claim of the assessee by following the decision of this Court in the case of M.A.E. Paes v. CIT [1997 (9) TMI 83 - BOMBAY HIGH COURT]
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