1987 (8) TMI 78 - HC - Income Tax

High Court rules in favor of assessee, spouse's salary justified under Income-tax Act

Commissioner Of Income-Tax Versus Sorabji Dorabji

Commissioner Of Income-Tax Versus Sorabji Dorabji - [1987] 168 ITR 598, 65 CTR 260 Issues:Interpretation of section 64(1)(ii) of the Income-tax Act regarding inclusion of spouse's salary in the assessee's income.Analysis:The case involved a question of law referred by the Income-tax Appellate Tribunal regarding the inclusion of the spouse's salary in the assessee's income under section 64(1)(ii) of the Income-tax Act. The respondent, an assessee to income tax, had his wife, who was a director of the company, receive a salary that was included in his assessable income for the year 1978-79. The Income-tax Officer invoked section 64(1)(ii) to include the salary in the assessee's income, which was contested by the assessee based on the proviso to the said section. The Appellate Assistant Commissioner found that the wife had acquired professional skill and qualification through her long experience as a director of the company, which justified the exclusion of her salary from the assessee's income. The Appellate Tribunal also agreed with this view, holding that the wife had acquired sufficient professional experience to qualify under the proviso to section 64(1)(ii).The main contention revolved around whether the spouse possessed technical or professional qualification as required by the proviso to section 64(1)(ii). The Revenue argued that the spouse did not meet this requirement, while the assessee contended that her long experience over two decades provided her with sufficient professional knowledge and experience. The High Court, after considering the arguments, upheld the decision of the Appellate Tribunal, stating that the spouse had acquired enough professional knowledge and experience to justify her salary as a director. The court emphasized that practical experience acquired over the years could fulfill the criteria of possessing technical or professional qualifications, as highlighted in a previous decision by the Andhra Pradesh High Court.The High Court further supported its decision by quoting the observations of the Andhra Pradesh High Court, emphasizing that technical or professional qualifications do not necessarily require a formal degree or diploma but can be demonstrated through practical expertise in the field. The court concluded that the Appellate Tribunal's finding that the spouse had sufficient technical or professional knowledge and experience was a question of fact, and since there was no evidence to dispute this finding, the court ruled in favor of the assessee. The judgment was delivered in favor of the assessee, and a copy was directed to be sent to the Income-tax Appellate Tribunal, Cochin Bench for reference.