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1. Entitlement of a partner in a firm to standard deduction under section 16(i) of the Income-tax Act against the salary drawn by him. Analysis: The judgment addressed the issue of whether a partner in a firm is entitled to a standard deduction under section 16(i) of the Income-tax Act against the salary drawn by him. The assessee, a partner in a firm, had filed returns for assessment years and claimed a deduction under section 16(i) for the salary drawn from the firm. The Income-tax Officer initially accepted this claim, but later, the Assessing Officer disallowed the deduction under section 154. The Tribunal was then approached to decide on the matter. The main contention by the Revenue was that the Tribunal erred in accepting the claim for deduction under section 16(i) based on precedents from other court decisions. The Tribunal's decision was based on the interpretation of section 67 of the Income-tax Act, which provides for the method of computing a partner's share in the firm's income, including "salary" as one of the components. However, it was highlighted that the "salary" as contemplated under section 67 does not qualify for deduction unless it meets the requirements of section 15, which pertains to income chargeable under the head 'Salaries' from an employer to an employee. The judgment emphasized that for an assessee to be entitled to deductions under section 16, they must have received salary from an employer, which was not the case for a partner in a firm. The court referred to various precedents, including the Supreme Court decision in CIT v. R.M. Chidambaram Pillai, which established that the payment of salary to a partner represents a special share of the profits and is taxable as part of the profits. Additionally, the court cited cases like Parmod Kumar Jain's case and N.S.M. Sankarapandian's case, which reiterated that the income received by a partner as salary is of the same character as income from business, not eligible for standard deductions under section 16(i). The judgment further explained the historical concept of "salary" as a reward for services rendered and concluded that partners in a firm work for themselves, not for any employer, making the salary drawn by partners essentially a share in profits. Ultimately, the court held that the Tribunal was incorrect in allowing the standard deduction to the assessee, ruling in favor of the Revenue. The judgment highlighted the incorporation of section 28(v) from April 1, 1993, which clarified that any interest, salary, bonus, commission, or remuneration received by a partner from a firm is chargeable to income tax under the head 'Profits and gains of business or profession.' Due to the absence of representation from the respondent, no order as to costs was made.
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