GESTETNER DUPLICATORS (PVT.) LTD. vs COMMISSIONER OF INCOME-TAX, WEST BENGAL

The Supreme Court held that under Section 17(1)(iv) of the Income Tax Act, 1961, 'salary' includes fees, commissions, and perquisites, thereby allowing the assessee to claim deductions for provident fund contributions calculated on both salary and commission under Section 36(1)(iv). The Court clarified that the term 'salary' in the context of recognized provident funds encompasses commissions as part of the contractual obligation. Consequently, the contributions made towards the provident fund based on commission were deemed allowable deductions, affirming the Appellate Tribunal's decision.