Tribunal held that salary was payable in terms of the contract reached between the company and the assessee. Merely because a higher amount was paid in the earlier years that did not lead to the presumption that the same amount should have been paid in the succeeding year also. There was a possibility of reduction in salary in the succeeding year. Salary shown in form 26 AS filed by company alone to be taxed . Assessing Officer is directed to examine factual aspect .( AY.2011-12)
Dy. CIT v .Villoo Zareer Morawala Patel (Smt.) (2020) 78 ITR 17 (SN) (Bang) (Trib))
S. 15 : Salaries – Director- Assessable on accrual basis and not on receipt basis — Salary shown in form 26 AS filed by company alone to be taxed — Assessing Officer is directed to examine factual aspect [Companies Act, 1956, Schedule XIII ]