2012 (11) TMI 1213 - AT - Income Tax

Summary

Issues involved: Appeal against order disallowing salary and interest paid to partners u/s 40(b)(v) of IT Act, and disallowance of certain expenses.

Ground 1 - Disallowance of salary to partners u/s 40(b)(v) of IT Act:
The appellant, a partnership firm, contested the disallowance of salary to partners by the Assessing Officer (A.O.) under section 40(b)(v) of the Income Tax Act, 1961. The A.O. disallowed the remuneration as the partnership deed did not specify the amount of remuneration payable to each working partner. The A.O. relied on C.B.D.T. Circular No.739 dated 25.03.1996. The CIT(A) upheld the disallowance. The appellant argued citing judgments of Hon'ble High Court of Himachal Pradesh, emphasizing that remuneration paid was within permissible limits as per the Act. The Tribunal followed the Himachal Pradesh High Court judgment, allowing the claim of the assessee as the remuneration did not exceed the maximum amount provided under the Act.

Ground 2 - Disallowance of interest paid to partners:
This ground was not pressed by the assessee and hence dismissed as not pressed.

Ground 3 - Disallowance of certain expenses:
Similarly, ground 3 regarding the disallowance of expenses amounting to Rs. 2 lacs was not pressed by the assessee and dismissed as not pressed.

In conclusion, the Tribunal partially allowed the appeal of the assessee, emphasizing the importance of complying with the provisions of the Income Tax Act and relevant judicial precedents in determining the allowability of expenses and remuneration to partners in a partnership firm.