Court Upholds Assessee's Genuine Belief on Tax, No Penalty Imposed

Commissioner Of Income-Tax Versus Nestle India Ltd.

Commissioner Of Income-Tax Versus Nestle India Ltd. - [2000] 243 ITR 435, 159 CTR 243, 109 TAXMANN 403 Issues involved:
The judgment involves issues related to the deduction of tax at source from conveyance allowance reimbursed to employees, the treatment of conveyance expenses as part of salary, and the imposition of penalty for non-deduction of tax at source.

Issue 1 - Deduction of tax at source from conveyance allowance:
The Revenue sought a direction to the Tribunal to refer questions of law regarding the assessee's belief that no tax is deductible from conveyance allowance reimbursed to employees. The Assistant Commissioner found the assessee in default for not treating conveyance allowance as taxable and not deducting tax at source as required under section 192 of the Income-tax Act. The Tribunal held that the assessee's belief was based on various legal precedents and that penalty under section 201 was not leviable due to lack of mala fide intent.

Issue 2 - Treatment of conveyance expenses as part of salary:
The Tribunal also considered whether reimbursement of conveyance expenses should be considered part of salary, emphasizing that exemption under section 10(14) of the Act is dependent on specific conditions. The Tribunal concluded that the Department failed to demonstrate mala fide conduct by the assessee in not deducting tax at source from conveyance allowance.

Issue 3 - Imposition of penalty for non-deduction of tax at source:
The Tribunal further addressed the imposition of penalty under section 201 and interest under section 201(1A) of the Act. It held that the Department could not establish mala fide intent on the part of the assessee for not deducting tax at source, citing various tribunal decisions supporting its stance. The Tribunal found that penalty under section 201 was not applicable due to the assessee's bona fide belief regarding the taxability of conveyance allowance.

The High Court dismissed the Revenue's application for reference, stating that the Tribunal's findings were based on factual aspects and did not raise any legal questions. The Court upheld the Tribunal's decision that the assessee had a genuine belief that the conveyance allowance was not taxable, and therefore, no penalty was leviable. The Court emphasized that the tax deduction at source by an employer is tentative, subject to regular assessment in the hands of the recipient.