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Managing director performance commission qualifies as deductible remuneration where it reflects services, salary taxation, declared dividends, and consistent prior allowance.
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Managing director's performance-linked commission qualified for deduction under section 36(1)(ii) where it was board-approved remuneration for services, included in salary income and subject to tax deduction. The commission was not a dividend distribution because dividends had separately been declared. Its increase corresponded with turnover and profitability, and comparable commission had been accepted in earlier years. Applying consistency, uniformity and certainty in the absence of distinguishing facts, the disallowance was deleted and the appeal allowed.
Managing director's performance-linked commission qualified for deduction under section 36(1)(ii) where it was board-approved remuneration for services, included in salary income and subject to tax deduction. The commission was not a dividend distribution because dividends had separately been declared. Its increase corresponded with turnover and profitability, and comparable commission had been accepted in earlier years. Applying consistency, uniformity and certainty in the absence of distinguishing facts, the disallowance was deleted and the appeal allowed.
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