2007 (6) TMI 240 - AT - Income Tax

Tribunal clarifies child education deduction rule: Cost limit, expenses inclusion, AO review

The Tribunal ruled that the deduction of Rs. 1,000 per month per child under Rule 3(5) of the Income-tax Rules is only applicable if the cost of education ... Salaries Issues Involved:1. Interpretation of Rule 3(5) of Income-tax Rules.2. Calculation of perquisites for free/concessional educational facilities provided by schools.3. Deduction of Rs. 1,000 per month per child under Rule 3(5).4. Computation of cost of education for tax purposes.Summary:Issue 1: Interpretation of Rule 3(5) of Income-tax RulesThe primary issue in both sets of appeals was the interpretation of Rule 3(5) of the Income-tax Rules. The assessees, running public schools, claimed deductions under this rule for free/concessional educational facilities provided to their employees' children. The Assessing Officer (AO) disagreed, leading to the assessees being treated as defaulters u/s 201(1)/201(1A) for not deducting proper tax at source.Issue 2: Calculation of Perquisites for Free/Concessional Educational FacilitiesThe AO found that the assessees claimed a deduction of Rs. 1,000 per month per child while calculating the perquisite value, which was disallowed. The CIT(A) noted that the AO accepted the perquisite value based on fees charged by similar institutions but disallowed the Rs. 1,000 deduction. The CIT(A) directed the AO to work out the short deduction of tax based on the actual cost of education, which was higher than Rs. 1,000 per month per child.Issue 3: Deduction of Rs. 1,000 per Month per Child Under Rule 3(5)The CIT(A) and the Tribunal held that the deduction of Rs. 1,000 per month per child is only applicable if the cost of education does not exceed Rs. 1,000. If the cost exceeds this amount, the entire value is to be taxed as a perquisite. The Tribunal emphasized that the proviso to Rule 3(5) does not universally allow a Rs. 1,000 deduction in all cases.Issue 4: Computation of Cost of Education for Tax PurposesThe CIT(A) computed the cost of education by including all expenses incurred in running the school, both direct and indirect, except for depreciation. The Tribunal upheld this method, allowing the assessees to point out any specific errors in the computation to the AO for reconsideration.Conclusion:The Tribunal concluded that the Rs. 1,000 deduction under Rule 3(5) is only applicable when the cost of education does not exceed Rs. 1,000 per month per child. All expenses, except depreciation, should be included in computing the cost of education. The appeals were allowed in terms stated above, with directions for the AO to objectively consider any objections to the computation of cost/perquisite value.