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Issues Involved:
1. Interpretation of Section 40(b) read with Section 171(9) of the Income-tax Act, 1961. 2. Applicability of Section 40(b) on interest paid to members of a Hindu undivided family (HUF) post-partial partition. 3. Legal implications of partial partition under Section 171(9) on the assessment of income. Issue-wise Detailed Analysis: 1. Interpretation of Section 40(b) read with Section 171(9) of the Income-tax Act, 1961: The key question for consideration was whether the interest paid by the assessee-firm to the son and daughter of one of the partners, following a partial partition, could be added under Section 40(b) read with Section 171(9). Section 40(b) disallows any payment of interest, salary, bonus, commission, or remuneration made by the firm to any partner of the firm. Section 171(9) stipulates that any partial partition after December 31, 1978, among the members of a Hindu undivided family hitherto assessed as undivided, shall not be recognized for tax purposes, and the family shall continue to be assessed as if no such partition had taken place. 2. Applicability of Section 40(b) on interest paid to members of a Hindu undivided family (HUF) post-partial partition: The court examined whether the interest paid to Narasimham and Parimala, who received amounts as a result of the partial partition, should be treated as interest paid to the HUF, which was a partner in the firm. The court noted that Section 40(b) includes an explanation that recognizes the receipt of interest by an individual in a representative capacity. However, the court emphasized that the interest paid to the divided members of the HUF must be treated as interest paid to the HUF itself, given the prohibition in Section 171(9) against recognizing partial partitions for tax purposes. 3. Legal implications of partial partition under Section 171(9) on the assessment of income: Section 171(9) mandates that any claim of partial partition post-December 31, 1978, cannot be inquired into, and the family must continue to be assessed as if no partition had occurred. The court held that the interest paid to the divided members of the HUF should be considered as interest paid to the HUF, which remains a partner in the firm through its karta. Consequently, the firm is not entitled to claim a deduction for the interest paid under Section 36 of the Income-tax Act, as it is effectively interest paid to a partner, which is disallowed under Section 40(b). The court rejected the argument that the fiction created by Section 171(9) should be confined only to the assessment of the HUF and not extended to the assessment of the firm's income. The court reasoned that the prohibition in Section 171(9) against recognizing partial partitions aims to prevent the creation of several independent assessable units to reduce tax liability. Therefore, the interest paid to the divided members must be treated as interest paid to the HUF, attracting disallowance under Section 40(b). In conclusion, the court answered the question in favor of the Revenue, holding that the interest paid to the son and daughter of the partner, post-partial partition, should be treated as interest paid to the HUF, thereby disallowing the deduction under Section 40(b).
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