1943 (6) TMI 6 - HC - Income Tax

Tax treatment of commissions paid to Official Liquidators clarified under Indian Income Tax Act

In Re: Bhagwati Shankar

The Court held that commissions paid to an Official Liquidator should be taxed under Section 7 of the Indian Income Tax Act as part of their salary, ... - Issues:Interpretation of Section 7 of the Indian Income Tax Act regarding the taxability of commissions paid to an Official Liquidator.Detailed Analysis:The judgment pertains to a reference made by the Commissioner of Income Tax regarding the taxability of commissions paid to the Official Liquidator of a bank in liquidation. The main issue at hand is whether the commission paid to the Official Liquidator falls under the head 'Salaries' as per Section 7 of the Income Tax Act.The Official Liquidator was appointed by the Court and was entitled to a fixed salary initially. However, upon his request, the remuneration structure was revised to a commission basis. The dispute arose when the Official Liquidator included the commission earned under the head 'salary' in his income tax return for a particular year.The Commissioner contended that the commission earned could be covered under Section 11 or Section 12 of the Income Tax Act but not under Section 7. He relied on a precedent, Davies v. Braithwaite, to support his argument. However, the Court disagreed with the Commissioner's interpretation.The Court analyzed the relevant provisions of the Indian Companies Act, particularly Sections 175 and 176, which govern the appointment and remuneration of an Official Liquidator. It was observed that an Official Liquidator holds an office, is appointed by the Court, and is entitled to receive a salary or remuneration as directed by the Court.Based on the provisions of the Companies Act and the broad scope of Section 7 of the Income Tax Act, the Court concluded that commissions received by an Official Liquidator should be taxed under Section 7 as they are in lieu of salary. The Court emphasized that such commissions cannot be categorized as professional earnings under Section 11 or under 'other sources' as per Section 12.Therefore, the Court held that the commission earned by the Official Liquidator should be taxed only under Section 7 of the Income Tax Act, allowing the Official Liquidator to seek relief under the relevant provisions. The Commissioner was directed to bear the full costs of the proceedings.In conclusion, the judgment clarifies the tax treatment of commissions received by an Official Liquidator, affirming that such commissions should be taxed under Section 7 of the Income Tax Act, aligning with the specific provisions of the Companies Act governing the appointment and remuneration of Official Liquidators.