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)
Navigating the Complexities of GST Pre-deposit Requirements Before GSTAT
The introduction of the Goods and Services Tax Appellate Tribunal (GSTAT) has brought significant changes to the pre-deposit framework for...
-
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...
-
Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...
-
In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
Capital gains taxation on immovable property under the Income-tax Act, 1961 often turns on a deceptively simple question: when is a proper...
-
Tax Deducted at Source (TDS) is generally not applicable to interchange fees, payment gateway charges, or the Merchant Discount Rate (MDR)...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
No comments:
Post a Comment