This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) in the case of Controls & Switchgear Contactors Ltd. (Taxpayer) on the issue of allowability of guarantee commission to the Taxpayer’s directors who had given personal guarantees to lending bank for extending various credit facilities to the Taxpayer. Considering that the provision of personal guarantees and undertaking attendant risks were clearly beyond the scope of directors’services, the HC concluded that the transactions were real and genuine. Furthermore, considering that the Taxpayer was a listed company and the concerned directors were not the only shareholders, the HC concluded that the amount, if not paid as commission, would not have been payable to directors as dividend or profits. Hence, the commission payment was not hit by a specific provision of the Indian Tax Laws (ITL) which does not permit deduction for bonus or commission paid to an employee in lieu of profits or dividend.
Subscribe to:
Post Comments (Atom)
The Arbitrator’s Ledger: Financial Forensics in ODR
Let’s start with a small story in this regard. Client B, a mid-sized electrical components manufacturer registered as an MSME, supplied ma...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
"whether tds should be deducted u/s 194C for payment made to travel agent for booking of airline tickets by a company for its employee...
-
Any tax, interest, penalty, fine or any other sum payable by virtue of an order passed under the Income Tax Act as specified in the ...
-
This Tax Alert summarizes a recent ruling of the Karnataka High Court (HC) [1] on the constitutional validity of Health Security se Natio...
-
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
-
The India-Mauritius DTAA, which entered into force on 1 April 1983, was amended by way of Protocol signed on 10 May 2016 [1] (2016 Protoc...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
No comments:
Post a Comment