1972 (4) TMI 27

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.... the Income-tax Act, 1961, at the instance of the Commissioner of Income-tax, U.P., Lucknow. The assessee is L. Lakshmipati Singhania, assessed as an individual. The assessment years are 1958-59 and 1959-60. During the previous years relevant to these assessment years, the assessee acted as a financial adviser to a limited company by the name of J. K. Jute Mills Ltd. He was previously a directo....

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....issioner of Income-tax came to the conclusion that, although the value of rent-free accommodation was asssesable in the hands of the assessee, yet it could be assessed under section 7 which is the provision for the assessment of tax on salaries. He reduced the quantum of assessment to Rs. 28,000. The assessee and the department both felt aggrieved with this order and went up in second appeal befor....

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....ages, any annuity, pension or gratuity, and any fees, commissions, perquisites or profits in lieu of or in addition to, any salary or wages, which are allowed to him by or are due to him. Now, in the instant case, the assessee was allowed no salary but only rent-free accommodation. Rent-free accommodation is undoubtedly a perquisite and it can be assessed as the assessee's income, if it is rece....

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....the remuneration or the relationship of an employer and an employee." A director of a company holds an office under the company, but as a director he is not a servant or an employee of the company. But there may be special terms in the articles of association or there may be an independent contract which may bring about a contractual relationship between the company and the director and constit....