1994 (8) TMI 14 - HC - Income Tax

High Court disallows pension payment deduction for late director's widow due to lack of formal scheme

Amalgamations Pvt. Limited Versus Commissioner Of Income-Tax

Amalgamations Pvt. Limited Versus Commissioner Of Income-Tax - [1995] 214 ITR 396, 130 CTR 436, 84 TAXMANN 300 Issues:1. Disallowance of pension payment as a deduction.2. Interpretation of the nature of pension payment.3. Requirement of a formal scheme for employee benefits.4. Commercial consideration for the pension payment.Analysis:The High Court of Madras addressed the issue of disallowing a pension payment as a deduction in the assessment years 1969-70 to 1971-72. The late director of the assessee-company had stopped receiving a salary and post his demise, the company decided to pay a pension to his widow. The court considered whether this payment constituted an ex gratia payment or was part of a formal scheme for employee benefits. The court noted that the Tribunal disallowed the deduction as the payment was not part of a structured scheme benefiting all employees and their widows. The court examined the scheme in place and found that it did not provide for direct pension payments to widows beyond a certain period, indicating that the payment to the late director's widow was more of a gesture of respect rather than a commercial consideration for business purposes.The court emphasized that the absence of a provision in the scheme for similar payments to other widows supported the conclusion that the payment was not part of a formal employee benefit scheme. The court highlighted that the pensionary benefits under the scheme were limited to a maximum of fifteen years and did not extend to providing lifelong pension to widows. Therefore, the court concluded that the payment to the late director's widow was not a precursor to a structured scheme but rather a gesture of respect and support to the widow. The court found no commercial consideration in the payment and upheld the decision of the Income-tax Officer to disallow the deduction, which was subsequently affirmed by the appellate authorities.In light of the above analysis, the court answered the question referred against the assessee, affirming the disallowance of the pension payment as a deduction. The judgment focused on the absence of a formal scheme for employee benefits encompassing similar payments to other widows, highlighting the lack of commercial consideration in the payment made to the late director's widow.