Remuneration to director u/s.40A(2)

 

Dear,              
               
Payment made to relatives in excess of requirement Sec.40A(2)  
               
Any payment made by assessee to related person - disallowed to the extent it is
               
  Excessive or unreasonable as per Assessing officer.  
               
Excessive or unreasonable          
               
Whether any expenditure is in excess or unreasonable is to be decided after 
considering            
               
 Fair market value of goods, services or facilities for which payment made
or              
Legitimate need of the business or profession of assessee    
or              
Benefit arising to assessee there from.        
               
ABC Private Limited            
               
Paid remuneration to its directors as follows :      
          Total    
X Managing Director   Rs.8,00,000 p.m   9600000    
Y Director   Rs.8,00,000 p.m   9600000    
Z Director   Rs.8,00,000 p.m   9600000    
          28800000    
               
Turnover Rs.27,90,99,538/-          
               
Profit before tax Rs.9,18,00,217/-        
               
Whether remuneration paid by company to its director is excessive or not ?
               
is there any case law for the above situation,if any      
               
Please Advise.            
               
Thanks & Regards            
               
               
               
Replies (5)

DIRECTOR REMUNERATION IS NOT EXCESSIVE

Hi Bro.,

Whether any payment is excessive or not is something which is to be decided on the facts of each case.

The three points that u have mentioned substantiate this statement. My understanding says Case Laws can't be referred in support of question of facts.

Lot many aspects are involved and the question of excessive can't just be decided on the figures.

It is something similar to the concept of materality that differs from situation to situation & from person to person for the same situation.

As for as my knowledge goes Sec 40A(2) may not apply for Director Remuneration.

Having said this, the Directors remuneration shall be in accordance with the provisions of Companies Act.

The provisions of Sec 198,309,310,349,350 etc., should have been complied

thanks for reply..........

Regards

K.ilayaraja

agree with CA Madhusudan B.P.

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