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)
5 GST Judgments in 2026 Every Business Should Be Watching
The year 2026 has already delivered several landmark GST decisions that could significantly influence tax compliance, assessments, and litig...
-
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....
-
The Reserve Bank of India has introduced a new framework governing export and import transactions under FEMA. These regulations are effectiv...
-
THE issues before the Bench are - Whether no penalty u/s 271(1)(c) is warranted even if assessee makes false claim of Sec 80IA benefits ...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
This Tax Alert summarizes a recent judgement of the Supreme Court (SC) [1] on whether a show cause notice (SCN) under Section 74 of the ...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
-
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 Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
No comments:
Post a Comment