1986 (1) TMI 158 - AT - Income Tax

Tribunal rules for assessee on remuneration & deduction issues, dismisses jurisdictional concerns

The Tribunal partly allowed the appeal, ruling in favor of the assessee on issues related to remuneration disallowance, treatment of commission, and claim ... - Issues:1. Jurisdiction of the ITO in passing the assessment order and limitation under section 153.2. Disallowance of remuneration paid to directors under sections 40(C) and 40A(5).3. Treatment of commission paid to directors as part of remuneration.4. Application of revised rates of depreciation under IT Rules, 1962.5. Claim under section 35B on commission paid for procuring orders.6. Interpretation of provisions of section 80VV.Analysis:1. The appeal raised concerns regarding the jurisdiction of the ITO in passing the assessment order and the limitation under section 153. However, these grounds were withdrawn by the assessee during the appeal hearing and subsequently dismissed.2. The dispute centered around the disallowance of remuneration paid to directors, with the assessee arguing for applicability of section 40(C) over section 40A(5). The Tribunal, citing a previous Special Bench decision, held in favor of the assessee, directing the ITO to recompute the disallowance under section 40(C).3. The issue of treating commission paid to directors as part of remuneration was resolved in favor of the assessee based on precedents from the Chandigarh Bench of the Tribunal and the Punjab and Haryana High Court. The CIT(A) order was reversed, directing exclusion of the commission from remuneration calculations under sections 40(C) and 40A(5).4. The matter concerning the application of revised rates of depreciation under IT Rules, 1962 was extensively debated. The assessee contended that the new rates should apply to pending assessments, citing procedural nature. However, the Tribunal disagreed, emphasizing the substantive character of depreciation rates and upheld the CIT(A) decision not to apply the revised rates retrospectively.5. The claim under section 35B on commission paid for procuring orders was supported by a Special Bench decision of the Tribunal, leading to the reversal of the CIT(A) order, directing the ITO to allow weighted deduction under section 35B.6. Lastly, the interpretation of section 80VV was briefly mentioned, but the ground was not pressed during the hearing and was consequently rejected by the Tribunal.In conclusion, the Tribunal partly allowed the appeal, addressing various issues related to jurisdiction, remuneration, depreciation rates, and deductions, with decisions based on legal precedents and interpretations of relevant sections of the Income Tax Act and IT Rules, 1962.