Kerala State Electricity Board (KSEB) entered into a contract of consultancy with a Canada based Consultant for carrying out a project in site of KSEB and, as per terms of an agreement, entered into between KSEB and Consultant, liability to pay salary of employees deputed by Consultant to project site was of Consultant itself whereas tax component had to be satisfied by KSEB. Tribunal held that the mount paid as tax would be included as salary. Dismissing the appeal of the assessee the Court held that ;salary and tax both were borne KSEB, in whose project assessees were employed and, therefore, provisions of section 195A would be applicable . Accordingly, the income-tax paid by employer in satisfaction of an obligation of the employee, should be treated as part of assessee’s salary income.
Horace Dansereau v. ACIT (2018) 162 DTR 7 / 253 Taxman 52 / 300 CTR 548 (Ker.)(HC)
S. 195A; Deduction at source – Net of tax – Salary and tax both were borne KSEB, in whose project assessees were employed and, therefore, provisions is applicable -Amount paid as tax would be included as salary [ S.192 ]