CIT v. G. E. Medical Systems (I.) (P.) Ltd. (2021) 430 ITR 494 / 197 DTR 449 / 277 Taxman 315 (Karn.)( HC)

S. 37(1) : Business expenditure-Take over business-Scheme for voluntary retirement of employees-Allowable as business expenditure. [S. 10(10C)]

Dismissing the appeal of the revenue the Court held that the sum was paid as retirement benefit to employees who availed of the benefit of the scheme. Under the scheme, compensation was paid not only for past services but also for the remaining years of service with the company. The employees had also filed a complaint against the assessee under the labour laws and therefore, the assessee had to offer a scheme to avoid any kind of future problems. The scheme was sanctioned by the Chief Commissioner for the exemption under section 10(10C) of the Act and it was a contractual obligation and was an ascertained liability. The genuineness of the scheme was not doubted by any of the authorities, rather it had been approved by the Chief Commissioner. The expenditure incurred by the assessee under the scheme had been incurred solely and exclusively for the purposes of business and was eligible for deduction under section 37(1). (AY. 2000-01)