FOURTH INCOME TAX OFFICER v. H. MAHADEVAN
[Citation -1985-LL-0809-6]
Citation | 1985-LL-0809-6 |
---|---|
Appellant Name | FOURTH INCOME TAX OFFICER |
Respondent Name | H. MAHADEVAN |
Court | ITAT-Chennai |
Relevant Act | Income-tax |
Date of Order | 09/08/1985 |
Assessment Year | 1983-84 |
Judgment | View Judgment |
Keyword Tags | development officer • standard deduction • incentive bonus |
Bot Summary: | The assessee is a Development Officer of tee LIC and was paid a salary by the Corporations. The ITO did not allow the deduction of the expenditure on the ground that the bonus received by the assessee formed part of the salary of the assessee and the assessee is entitled only to the standard deduction from the salary income and nothing more. On behalf of the assessee, reliance is placed on the order of the Chandigarh Bench. It is submitted that the expenditure actually claimed by the assessee is supported to a major extent by necessary vouchers, that the quantum of expenditure claimed though an estimate is not unreasonable and excessive and therefore, no interference is called for in the order of the AAC. We have perused the order of the Chandigarh Bench of the Tribunal. The assessee in that case was also a Development Officer of the LIC of India. The Tribunal has considered that on the terms on which the assessee was employed as a Development Officer and the terms on which the incentive bonus is given, though he is an employee of the Corporation for earning the basic salary income, he has to put in efforts in propagating the virtues of insuring lives and securing business which forms the base for earning the inceptive bonus, that thus he was an agent of the Corporation insofar as that sector of his activity was concerned and the incentive bonus is income from profession. We agree with these conclusions reached by the Chandigarh Bench of the Tribunal and since the assessee in this appeal is also a Development Officer of the Corporation and has earned the incentive bonus in the same way as the assessee before the Chandigarh Bench, we would follow the order of the Tribunal, Chandigarh Bench. |