1982 (2) TMI 158 - AT - Income Tax

Tribunal Rules in Favor of Employee on Loan Perquisite & Deduction Dispute

The Tribunal held that the loans provided by the employer to the assessee did not result in any benefit or advantage to the employee. Therefore, the ... Concessional Rate, Provident Fund Issues:1. Inclusion of a sum as perquisite under section 17(2)(iii) of the Income-tax Act, 1961 in determining the assessee's income under the head 'Salaries'.2. Disallowance of the assessee's claim for deduction under section 80L of the Act in respect of interest credited to the provident fund in excess of the statutory limit.Analysis:1. The first issue pertains to the inclusion of a sum as a perquisite under section 17(2)(iii) of the Income-tax Act, 1961. The appeal raised objections regarding the concessional rate of interest on loans granted by the employer to the assessee. The Income Tax Officer (ITO) added the benefit of the concessional rate as a perquisite under section 17(2)(iii), which was sustained by the Appellate Assistant Commissioner (AAC). However, the Tribunal held that the addition made in the assessment was not justified. It was observed that the loans were not interest-free, and the scheme under which the loan for purchasing shares was advanced did not result in any benefit or advantage to the employee. The Tribunal concluded that the loans did not attract the provisions of section 17(2)(iii) and, therefore, the inclusion of the perquisite value was deleted.2. The second issue involves the disallowance of the assessee's claim for deduction under section 80L of the Act concerning interest credited to the provident fund in excess of the statutory limit. The departmental authorities rejected the claim based on a Full Bench Tribunal decision. However, the assessee contended that a recent decision of the Allahabad High Court supported their claim. The Tribunal held that the Allahabad High Court decision should be applied over the Full Bench decision, as it favored the assessee. The Allahabad High Court decision allowed beneficiaries of a trust to claim deduction under section 80L on interest received from a bank, supporting the assessee's claim. Consequently, the Tribunal accepted the assessee's contention and directed relief accordingly, allowing the appeal.