seeking a direction to make the payment of
performance linked incentive fee which came to be rejected.
4. Learned Counsel for the Appellant challenging ... Regulation to the CoC to take
a decision to pay performance linked incentive fee has to be on the basis
of relevant criteria and material
book profits u/s 115JB without appreciating
that provision for performance linked incentive represents provision for
ascertained liability.
12. For that the Commissioner of Income ... which can vary
depending upon the performance of the company and the employee.
Provision for performance linked incentive will be made by 31st March
erred in confirming the disallowance of 20% of
the performance linked incentive expenditure amounting to
Rs.2,02,49,170/-.
2.1 The NFAC ... have appreciated that the appellant
has incurred the expenditure on performance linked incentives given
to around 1500 field managers, executives and representatives as
sales promotion
information on the following seven points:
1) "What were the performance linked incentives and the targets laid
down for its agents including online travel ... incentives paid?
3) Did Air India revise incentives or targets as mentioned at point no.
1 above or was any additional performance linked target given
erred in law and on facts in
upholding the disallowance of performance linked
incentive of Rs. 5,41,816/- payable to employees, wrongly
treating ... disallowed a sum of Rs. 5,41,816/- being
performance linked incentive for the reason that the sum has been paid after the due
date
after considering the rival submissions, observed that the
performance linked incentives offered by Uber and Ola, which were
intended to build the network of drivers ... Uber creates de facto exclusivity. There is no
reasoning that why performance linked incentives that are intended to in
effect create exclusivity in the market
made the following additions:
a) Disallowance of Performance Linked Incentive (PLI) Rs. 1,87,00,000
b) Disallowance of depreciation on plant & machinery ... 2011 by making three additions on account of disallowance of
Performance Linked Incentive (PLI) amounting to Rs. 1,87,00,000/-,
disallowance of depreciation
paid to four employees as incentive for services rendered. Any
performance linked incentive would be covered under 36(1)(ii). The
appellant is not correct ... facts
and in law in observing that all bonus/incentives, including performance
linked incentives, are covered under section 36(1)(ii) and are, therefore,
allowable
mentioned that to facilitate the said
objective, OP 1 has introduced „Performance Linked Incentive Program‟ („PLIP‟)
and has linked 1 % of the commission
resolution of BODs on the
basis of which circulars relating to performance linked incentives, LTC rules, etc. is
unjustified.
8. The CPIO is therefore directed
