Section 43B
This query is : Resolved
ANAND U PATANKAR
(Querist)
11 September 2009
Dear All,
A bonus or commission payable to employeess are deductible on payment basis by vitue of section 43B. Whether an "Incentive" payable is covered in the term "Bonus or commission". Pl give case law reference if possible.
Thanks in advance
Anand
A bonus or commission payable to employeess are deductible on payment basis by vitue of section 43B. Whether an "Incentive" payable is covered in the term "Bonus or commission". Pl give case law reference if possible.
Thanks in advance
Anand
Late CA Sampat Jain
(Expert)
12 September 2009
Commission - Clause (ii) of sub-section (1)of section 36 as referred in section 43B
n The expression ‘commission’ has no technical meaning but both in legal and commercial acceptation of the term it has definite signification and is understood as an allowance for service or labour in discharging certain duties, such for instance, of an agent, factor, broker or any other person who manages the affairs or undertakes to do some work or renders some service to another. Mostly it is a percentage on price or value or upon the amount of money involved in any transaction of sale or service or the quantum of work involved in a transaction. It can be for a variety of services and is of the nature of recompense or reward for such services - Harihar Cotton Pressing Factory v. CIT [1960] 39 ITR 594 (Bom.).
AS SUCH INCENTIVE TO EMPLOYEE IS NOTHING BUT COMMISSION TO EMPLOYEE
n The expression ‘commission’ has no technical meaning but both in legal and commercial acceptation of the term it has definite signification and is understood as an allowance for service or labour in discharging certain duties, such for instance, of an agent, factor, broker or any other person who manages the affairs or undertakes to do some work or renders some service to another. Mostly it is a percentage on price or value or upon the amount of money involved in any transaction of sale or service or the quantum of work involved in a transaction. It can be for a variety of services and is of the nature of recompense or reward for such services - Harihar Cotton Pressing Factory v. CIT [1960] 39 ITR 594 (Bom.).
AS SUCH INCENTIVE TO EMPLOYEE IS NOTHING BUT COMMISSION TO EMPLOYEE
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