1995 (4) TMI 16 - HC - Income Tax

Summary

Issues Involved:
1. Whether the disallowance of interest under section 40(b) of the Income-tax Act, 1961, should be based on the net interest or gross interest when a partner both receives and pays interest to the partnership firm.

Detailed Analysis:

Issue 1: Disallowance of Interest under Section 40(b) - Net vs. Gross Interest:

The primary question of law referred to the court was whether, under section 40(b) of the Income-tax Act, 1961, the disallowance of interest should be the net interest only and not gross interest when a partner both receives and pays interest to the firm. The relevant facts of the case involve the assessee, a registered partnership firm, for the assessment years 1975-76 and 1976-77. The Income-tax Officer disallowed the gross interest paid to the partners, rejecting the assessee's plea that only the net interest should be disallowed. The Appellate Assistant Commissioner and subsequently the Income-tax Appellate Tribunal upheld the view that only the net interest should be disallowed.

The Revenue, represented by Mrs. Aparna Nandakumar, argued that the entire gross interest should be disallowed under section 40(b) and referred to the decision in CIT v. O. M. S. S. Sankaralinga Nadar and Co. [1984] 147 ITR 332. However, it was acknowledged that this decision had been overruled by the Supreme Court in Keshavji Ravi and Co. v. CIT [1990] 183 ITR 1.

The statutory provision under section 40(b) specifies that any payment of interest, salary, bonus, commission, or remuneration made by the firm to any partner shall not be deducted in computing the income chargeable under the head 'Profits and gains of business or profession'. The Taxation Laws (Amendment) Act, 1984, introduced Explanation 1 in clause (b) of section 40, stating that the disallowance of interest should be limited to the amount by which the payment of interest by the firm to the partner exceeds the payment of interest by the partner to the firm.

The Supreme Court in Keshavji Ravi and Co. v. CIT [1990] 183 ITR 1 clarified that the provisions of section 40(b) do not exclude or prohibit treating interest transactions as part of the same transaction if they admit of being so treated under general law. The Supreme Court emphasized that where transactions have the element of mutuality and are referable to the partnership funds, only the net interest paid by the firm to the partner should be disallowed under section 40(b).

The Supreme Court further noted that the express prospective operation of Explanation 1, introduced by the Taxation Laws (Amendment) Act, 1984, indicates that it was intended to clarify the existing law rather than change it. The court highlighted the importance of interpreting statutory provisions in a manner that avoids absurd results and aligns with the legislative intent.

In conclusion, the Supreme Court accepted the opinion of several High Courts, including the Allahabad, Andhra Pradesh, Karnataka, Rajasthan, and Punjab and Haryana High Courts, that only the net amount of interest paid by the firm to the partner is liable to disallowance under section 40(b). The court rejected the contrary view expressed by the Madras High Court in CIT v. O. M. S. S. Sankaralinga Nadar and Co. [1984] 147 ITR 332.

The High Court of Madras, in the present case, found no error in the Appellate Tribunal's view that only the net interest should be disallowed, in line with the Supreme Court's ruling. The question referred to the court was answered in the affirmative, in favor of the assessee and against the Revenue, with no order as to costs.