2009 (3) TMI 223 - AT - Income Tax

Payment of USD 10,00,000 Taxable as Salary Profits: Tribunal Decision Upheld

The Tribunal held that the USD 10,00,000 payment to the assessee was taxable as profits in lieu of salary under section 17(3)(i) of the Income-tax Act. ... Salary Issues Involved:- Assessment of USD 10,00,000 as income from salary or as a capital receipt.Detailed Analysis:Background:The assessee was an employee of HCL Deluxe NV (HDX), a subsidiary of Deluxe Corporation USA. The employment terms were initially set by an appointment letter dated June 22, 1998. Following a restructuring in March 1999, the assessee's employment was terminated and reappointed under new terms on April 6, 1999, with an extraordinary compensation of USD 10,00,000.Assessee's Argument:1. Nature of Payment: The assessee argued that the USD 10,00,000 was not salary but a capital receipt for non-compete, non-solicit, and restrictive clauses.2. Tax Deduction: No tax was deducted at source by Deluxe Corporation on the extraordinary compensation.3. Non-Employer Payment: The payment was made by Deluxe Corporation, not the direct employer HDX.4. Contingent Receipt: The payment was contingent upon compliance with various terms.5. No Services Rendered: The initial USD 5,00,000 was paid without any services being rendered.6. Legal Precedents: The assessee cited several judicial decisions to support the claim that the payment was a capital receipt.Assessing Officer's Argument:1. Nature of Payment: The payment was considered as remuneration for the smooth transition and continued employment, thus taxable as salary.2. Duration of Restriction: The restrictive clauses were deemed too brief to significantly impact the assessee's professional capabilities.3. Payment for Services: The payment was seen as recognition of the assessee's talents and position.Commissioner of Income-tax (Appeals) Findings:1. Restrictive Covenants: Payments for restrictive covenants were not taxable as income/revenue receipts.2. Apportionment: 50% of the amount was attributed to restrictive covenants (capital receipt) and 50% to services rendered (taxable as salary).Tribunal's Analysis:1. Employment Continuation: The Tribunal noted that the employment continued under new terms from April 6, 1999.2. Extraordinary Compensation: The payments were organized to avoid litigation and were linked to the termination and reappointment of the assessee.3. Restrictive Clauses: The clauses did not significantly restrict the assessee's income-earning capabilities.4. Nature of Payment: The payment was for the termination of employment, falling under section 17(3)(i) of the Act, making it taxable as profit in lieu of salary.Legal Precedents:1. Karnataka High Court: Compensation received due to termination is taxable as profits in lieu of salary.2. Madras High Court: Similar ruling on compensation received in connection with employment termination.Conclusion:The Tribunal concluded that the entire amount of USD 10,00,000 was taxable as profits in lieu of salary under section 17(3)(i) of the Income-tax Act. The appeal by the assessee was dismissed, and the appeal by the Revenue was allowed, restoring the order of the Assessing Officer.