1. A short question which arises for determination in these Civil Appeal(s) is - whether the assessee(s) 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 Appeals and the same are dismissed with no order as to costs.
Commissioner Of Income Tax v. M/s. Larsen & Toubro Ltd
Commissioner Of Income Tax v. M/s. Larsen & Toubro Ltd
(Supreme Court Of India)
Civil Appeal No. 993 Of 2005 With Civil Appeal No. 992 Of 2005 | 21-01-2009
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 620
- [2009] 181 TAXMAN 71 (SC)
- 2009 (2) UJ 695
- LQ/SC/2009/128
Head Note
Income Tax — Deductions/Exemptions/Incentive — Leave Travel Concession/Conveyance Allowance — Statutory obligation 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 supporting evidence to Declaration to be submitted by an employee — No statutory obligation on employer
