1979 (2) TMI 77 - HC - Income Tax

Summary

Issues Involved:
1. Applicability of Section 40(c)(iii) of the Income-tax Act, 1961, for the period between March 1, 1963, and September 30, 1963.
2. Legitimacy of disallowing remuneration paid in excess of Rs. 5,000 per month during the specified period.

Issue-wise Detailed Analysis:

1. Applicability of Section 40(c)(iii) of the Income-tax Act, 1961:
The primary issue revolves around whether Section 40(c)(iii) of the Income-tax Act, 1961, as introduced by the Finance Act of 1963, was applicable for the period from March 1, 1963, to September 30, 1963. The assessee, a private limited company, initially disallowed a sum of Rs. 55,701 out of the remuneration paid, based on the provisions of Section 40(c)(iii). However, the assessee later contended that this disallowance was not proper, arguing that the provision was only applicable for the assessment year 1963-64 and not for later years. The Income-tax Officer (ITO) rejected this contention, but the Appellate Assistant Commissioner (AAC) and the Income-tax Appellate Tribunal (ITAT) sided with the assessee, stating that any remuneration paid in excess of Rs. 5,000 per month should not be disallowed.

2. Legitimacy of Disallowing Remuneration Paid in Excess of Rs. 5,000 per Month:
The court had to determine if any part of the remuneration paid in excess of Rs. 5,000 per month from March 1, 1963, to September 30, 1963, could be disallowed by reference to Section 40(c)(iii). The Finance Act of 1963 introduced a ceiling on the remuneration or benefit or amenity to an employee who was a citizen of India, fixing it at Rs. 5,000 per month for any period after February 28, 1963. This provision was later modified by the Finance Act of 1964, which imposed restrictions on the allowance of any benefit or amenity or perquisite to the extent of one-fifth of the salary payable to the employee for any period after February 29, 1964.

The court noted that the law to be applied is the law in force in the assessment year unless otherwise stated or implied, as established in CIT v. Isthmian Steamship Lines [1951] 20 ITR 572. The court observed that both the Finance Act of 1963 and the Finance Act of 1964 aimed to control the allowance of remuneration or the grant of any benefit or amenity during the periods the respective provisions were in force, despite the assessee having different previous years. The court concluded that Section 40(c)(iii) would control the payment of remuneration after February 28, 1963, and before the new provision under the Finance Act of 1964 took effect on February 29, 1964.

The court rejected the assessee's contention that the interpretation ran counter to the well-accepted proposition that the law as on the first day of the assessment year should govern the assessment. The court emphasized that this proposition is subject to qualification by any express provision or necessary implication. The court reasoned that accepting the assessee's contention would imply that Section 40(c)(iii) was in force for only one month, which was not the intention of Parliament.

Conclusion:
The court concluded that Section 40(c)(iii) of the Income-tax Act, 1961, as introduced by the Finance Act of 1963, was applicable for the period between March 1, 1963, and September 30, 1963. Therefore, any part of the remuneration paid in excess of Rs. 5,000 per month during this period could be disallowed. The question, as modified by the court, was answered in the affirmative and in favor of the revenue. The revenue was entitled to its costs, with counsel's fee set at Rs. 500.