Friday, July 20, 2012

CANT LINK BENEFITS OF I-T DEDUCTIONS TO DIRECT EMPLOYMENT: HC

 
CANT LINK BENEFITS OF I-T DEDUCTIONS TO DIRECT EMPLOYMENT: HC

The Bombay High Court has ruled that the Income-Tax Department cannot deny the benefits of deduction to the assessee companies on the ground that they must directly employ ten or more workers in their establishments.The court dismissed the plea of the Revenue which said the benefits of deduction under the income-tax law cannot be extended to the assessee employing the stipulated number of the workers through the agency or contractors.The condition imposed under Section 80IB(2)( iv) of the Act (Income Tax Act,1961) is that the assessee must employ ten or more workers in the manufacturing process / production of articles or things and it is immaterial as to whether the workers were directly employed or employed by hiring workers from a contractor,said a bench comprising Justice JP Devadhar and Justice AR Joshi.The bench said: When Section 80IB(2)( iv) of the Act merely provides that the undertaking must employ ten or more workers in the manufacturing process carried on with the aid of power,it would not be proper to hold that Section 80IB(2)( iv) refers to ten workers employed by the assessee directly.When the language used in Section 80IB(2) (iv) of the Act does not suggest that restricted meaning must be given to the expression worker,it would not proper to give a restricted meaning to that expression,the court pointed out.The bench in its order said,the expression worker is neither defined under Section 2 of the act nor under section 80IB(2)( iv) of the Act. – www.economictimes.indiatimes.com

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