2025 (7) TMI 525 - HC - Income Tax

Computing the taxable income - Disallowance being the difference in valuation of group gratuity and leave encashment funds as per books of accounts and actuarial valuation of the fund made by LIC and SBI Life Insurance Companies - Scope of established principles of tax law which require that only actual and not merely anticipated or notional expenses should be considered in computing the taxable income of an assessee HELD THAT - Tribunal Arrived at a finding of fact to the effect that the gratuity payment as well as the leave encashment actually paid by the assessee during the year under consideration has been claimed as an expenditure. The Tribunal has also refereed to the Schedule 16 under the head Payment and Provision for Employees in the balance sheet to come to the conclusion that the assessee bank has claimed as per the said Schedule and the assessee bank has reduced the gratuity provision to the extent of Rs. 5, 61, 84, 048.80/- and provision for leave encashment to the extent of Rs. 1, 47, 87, 684/- total Rs. 7, 09, 71, 732/- by nullifying the provision taken in the main expense schedule. Tribunal has therefore found that in Schedule 16 the net amount debited to the Profit Loss Account to the tune of Rs. 41, 94, 73, 451/- is a net of provision and therefore the amount which is being debited by the assessee in the Profit Loss Account is after excluding the provision of gratuity and leave encashment and therefore the amount debited in Profit and Loss Account is purely expenditure incurred by the assessee-bank and paid by the assessee bank during the Financial Year 2014- 15 relevant to the Assessment Year 2015 16. No substantial question of law arises.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal questions considered by the Court in this appeal arising under Section 260A of the Income Tax Act, 1961, relate to:

(a) Whether the Income Tax Appellate Tribunal (Tribunal) was justified in deleting the disallowance of Rs. 7,09,71,733/- made by the Assessing Officer, which represented the difference in valuation between the group gratuity and leave encashment funds as per the assessee's books of accounts and the actuarial valuation of the funds maintained by LIC and SBI Life Insurance Companies;

(b) Whether the Tribunal's findings were perverse and contrary to established principles of tax law that only actual expenses, and not anticipated or notional expenses, should be considered in computing taxable income.

2. ISSUE-WISE DETAILED ANALYSIS

Issue (a): Justification of the deletion of disallowance of Rs. 7,09,71,733/- related to group gratuity and leave encashment funds

Relevant legal framework and precedents: The primary statutory framework is the Income Tax Act, 1961, particularly provisions relating to computation of taxable income and the treatment of provisions and actual expenses. The Tribunal relied on authoritative decisions of the Hon'ble Apex Court in Commissioner of Income Tax, Bombay City I vs. Shoorji Vallabhdas & Co. ([1962] 46 ITR 144) which held that yearly income is taxable and provisions cannot be included in taxable income unless specifically provided under the Act. Further, the decision in Sutlej Cotton Mill Ltd vs. CIT ([1979] 116 ITR 1) was invoked to affirm that notional income or expenses cannot be allowed for tax computation.

Court's interpretation and reasoning: The Tribunal analyzed the accounting treatment of gratuity and leave encashment provisions by the assessee, a Regional Rural Bank. The assessee maintained funds with LIC and SBI Life Insurance Companies to discharge future obligations on retirement or leave encashment. The Tribunal noted that the assessee made annual provisions for gratuity and leave encashment based on accrual accounting principles, but these provisions were not treated as expenses in the profit and loss account. Instead, actual payments made during the year were treated as expenses.

The Tribunal examined Schedule 16 of the assessee's balance sheet, which detailed payments and provisions for employees. It found that the net amount debited to the profit and loss account (Rs. 41,94,73,451/-) was after excluding the provisions for gratuity and leave encashment amounting to Rs. 7,09,71,732/-. This indicated that the assessee had not claimed the provisions themselves as expenses but only the actual payments made during the financial year relevant to the assessment year.

Key evidence and findings: The reconciliation between the books of accounts and the actuarial valuation by LIC and SBI Life showed differences due to excess payments made by the assessee over various years. The Assessing Officer disallowed the claimed deduction of Rs. 7,09,71,733/- on the ground that it represented excess or notional provisions rather than actual expenses. However, the Tribunal found this disallowance to be perverse, noting that the provisions were not included in the profit and loss account as expenses but were adjusted to reflect only actual payments.

Application of law to facts: The Tribunal applied the principle that only actual expenses incurred in the relevant year can be claimed as deductions and provisions, being mere estimates or notional amounts, cannot be allowed unless specifically provided. Since the assessee had claimed only actual payments in the profit and loss account and excluded provisions, the Tribunal concluded that the disallowance was not justified.

Treatment of competing arguments: The revenue argued that the excess funding of gratuity and leave encashment as per AS-15 and the reconciliation with LIC and SBI Life valuations showed that the assessee had claimed inadmissible deductions. The Tribunal rejected this, emphasizing the accounting treatment and the accrual basis, which allowed provisions but treated actual payments as expenses. The Tribunal found the Assessing Officer's and CIT(Appeals)'s findings to be factually and legally unsustainable.

Conclusions: The Tribunal held that the amount of Rs. 7,09,71,733/- disallowed by the Assessing Officer did not represent an actual expense or income for the year under consideration but was an adjustment of provisions. Hence, the deletion of the disallowance was justified.

Issue (b): Whether the Tribunal's findings were perverse and contrary to tax law principles requiring only actual expenses to be considered

Relevant legal framework and precedents: The same precedents as above were relevant, emphasizing that notional or anticipated expenses are not allowable deductions unless specifically provided. The principle that tax computation must be based on actual income and expenses was central.

Court's interpretation and reasoning: The Tribunal's detailed reasoning clarified that the assessee's accounting treatment conformed to the accrual system, where provisions are made but not treated as expenses until actual payment is made. The Tribunal found that the Assessing Officer misconstrued the provisions as expenses and disallowed the deduction improperly.

Key evidence and findings: The Tribunal's reference to Schedule 16 and the reconciliation of accounts demonstrated that the amount disallowed was not an expense but a provision adjustment, which was excluded from the profit and loss account expenses.

Application of law to facts: The Tribunal applied the principle that only actual expenses incurred in the year can be deducted and provisions are not expenses. Since the assessee had claimed only actual payments, the Tribunal's findings were consistent with tax law principles.

Treatment of competing arguments: The revenue's contention that the amount represented excess or prior period expenses was rejected as the Tribunal found no factual or legal basis for such a conclusion. The Tribunal's findings were held to be reasonable and not perverse.

Conclusions: The Tribunal's findings were held to be neither perverse nor contrary to established tax law principles.

3. SIGNIFICANT HOLDINGS

The Court upheld the Tribunal's findings and dismissed the appeal, holding that:

"The Tribunal has rightly arrived at the finding of fact which does not call for any interference and as such no question of law much less any substantial question of law arises from the impugned order of the Tribunal."

Core principles established include:

• Provisions for gratuity and leave encashment made on an accrual basis are not deductible expenses unless actual payments are made;
• Only actual expenses incurred during the relevant financial year can be claimed as deductions for income tax purposes;
• Notional or anticipated expenses or provisions cannot be included in taxable income or allowed as deductions unless specifically provided by law;
• The accounting treatment adopted by the assessee, which excludes provisions from profit and loss account expenses and claims only actual payments, is consistent with tax law principles;
• Assessing Officer's disallowance based on the difference between actuarial valuation and book value, when the difference relates to provisions and not actual expenses, is not sustainable.

The final determination was that the disallowance of Rs. 7,09,71,733/- was rightly deleted by the Tribunal, and the appeal was dismissed for lack of merit.