Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

Commissioner Of Income Tax, Bangalore & Another v. M/s. I.t.i. Ltd

Commissioner Of Income Tax, Bangalore & Another v. M/s. I.t.i. Ltd

(Supreme Court Of India)

Civil Appeal No. 989 Of 2005 | 21-01-2009

1. A short question which arises for determination in this Civil Appeal is - whether the assessee was under statutory obligation under Income Tax Act, 1961, and/or the Rules to collect evidence to show that its employee(s) had actually utilized the amount(s) paid towards Leave Travel Concession(s)/Conveyance Allowance

2. It may be noted that the beneficiary of exemption under Section 10(5) is an individual employee. There is no circular of Central Board of Direct Taxes (CBDT) requiring the employer under Section 192 to collect and examine the supporting evidence to the Declaration to be submitted by an employee(s).

3. For the above reasons there is no merit in the Civil Appeal and the same is dismissed with no order as to costs.

Advocate List
  • For the Appellants ----- For the Respondent -----
Bench
  • HON'BLE MR. JUSTICE S.H. KAPADIA
  • HON'BLE MR. JUSTICE AFTAB ALAM
Eq Citations
  • (2009) 221 CTR SC 619
  • [2009] 183 TAXMAN 219 (SC)
  • LQ/SC/2009/127
Head Note

Income Tax — Exemption — Leave Travel Concession — Utilization of — Duty of employer to collect evidence to show that its employees had actually utilized the amounts paid towards LTC/Conveyance Allowance — Held, beneficiary of exemption under S. 105 is an individual employee — There is no circular of CBDT requiring employer under S. 192 to collect and examine the supporting evidence to the Declaration to be submitted by an employee — Income Tax Act, 1961 — Ss. 10(5), 192 and Rule 2BB — Rules