1997 (5) TMI 7 - HC - Income Tax

Summary

Issues: Validity of Circular No. 737 dated February 23, 1996, Interpretation of section 44AD of the Income-tax Act, 1961, Retrospective operation of proviso to sub-section (2) of section 44AD.

In this case, the main issue revolves around the validity of Circular No. 737 dated February 23, 1996, issued by the Central Board of Direct Taxes ("CBDT"), and the subsequent actions taken based on it. The petitioner sought to quash this circular due to doubts arising from the interpretation of section 44AD of the Income-tax Act, 1961. The Circular No. 684 dated June 10, 1994, initially explained the provisions of section 44AD, stating that all deductions under specified sections, including depreciation, were already allowed, and no further deductions would be permitted. However, a subsequent Circular No. 737 raised doubts regarding the admissibility of deductions for salary/interest to partners of a firm under section 44AD and section 44AE. This doubt stemmed from the deletion of specific lines from Circular No. 684, creating confusion for income-tax authorities and resulting in reopened assessments and fresh orders against the petitioner.

Furthermore, the judgment highlighted the retrospective operation of the proviso to sub-section (2) of section 44AD introduced by the Finance Act, 1997. This proviso allowed for the deduction of salary and interest paid to partners of a firm from the income computed under sub-section (1), with retrospective effect from April 1, 1994. The court found that the Circular No. 737, by deleting the provision allowing normal deductions for firms under section 40, was erroneous in light of the retrospective operation of the proviso to section 44AD. Consequently, the court quashed Circular No. 737 dated February 23, 1996, and directed the Income-tax Officer to pass fresh orders for reassessment of the petitioner in accordance with the law, considering the circular as non-existent. This decision clarified the interpretation of section 44AD and rectified the confusion caused by the conflicting circulars, ensuring compliance with the amended provisions of the Income-tax Act, 1961.