1994 (8) TMI 18

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CHALAM J.--In accordance with the direction given by this court in T. C. No. 284 of 1979, under section 256(2) of the Income-tax Act, 1961, the Tribunal referred the following question for our opinion: " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that on the merits and in view of the provisions of section 314 of the Companies A....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....one of its directors. Learned counsel appearing for the assessee submitted before us that the enhancement of remuneration though not proposed before the general body meeting held, was subsequently placed before the extraordinary general body meeting and approved. Therefore, according to learned counsel, it was only a technical mistake which can be condoned. Further, learned counsel also submitt....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....wife of the managing director, and since the approval was not obtained in the first meeting held after the enhancement was made, such enhancement of remuneration cannot be allowed as deduction under section 314 of the Companies Act. We have heard the rival contentions. The fact remains that the enhancement of remuneration to one of the directors was made and such enhancement was not placed befo....