2011 (2) TMI 794 - AT - Income Tax

Management consultancy firm - Receipts of hire charges of office equipments/ motor cars/ furniture/etc, as business income - income from profession treated as income from other sources since no activity of management consultancy was carried on during the year dis-allowance of interest and remuneration to partners and other business expenditures Held that - Since in preceding assessment years such hire charges were accepted as business income hence, there should be consistency in the approach. Regarding income from profession it is held that assessee is following cash system of accounting and amount received are the arrears of the consultancy fees of previous A.Y.s . It is to be assessed under the head income from business or profession as very nature of the receipt will not be changed, even if the actual payment is deferred. In respect of expenditure since hire charges and management consultancy fees are treated as business income such expenditure would be allowed. However, for the purpose of verification and quantification whether the assessee has provided the interest on the partner s capital account as per terms of Deed of Partnership, the file restored back to the A.O.- Decided partly in favor of Revenue for statistical purposes.

Summary

Issues:
1. Treatment of hire charges as business income
2. Treatment of consultancy fees as professional income
3. Allowance of interest expenditure on partner's capital
4. Allowance of business expenditure and partner's remuneration

Issue 1: Treatment of hire charges as business income
The appellant challenged the order directing the Assessing Officer to accept hire charges as business income without appreciating the nature of the arrangement between the parties. The appellant contended that there was no complex commercial activity indicating a business nature. However, the Tribunal upheld the CIT (A)'s decision, citing consistency in previous assessments where hire charges were treated as business income. The Tribunal confirmed the hire charges as income from business, dismissing the appellant's ground.

Issue 2: Treatment of consultancy fees as professional income
The appellant disputed the treatment of consultancy fees as professional income, arguing that no management consultancy activity was conducted during the relevant year. However, the Tribunal upheld the CIT (A)'s decision, stating that the consultancy fees were part of the consultancy business and should be assessed under "income from business or profession." The Tribunal dismissed the appellant's challenge, confirming the consultancy fees as business income.

Issue 3: Allowance of interest expenditure on partner's capital
The appellant contested the direction to allow interest expenditure on the partner's capital, arguing that no business activity was conducted during the relevant year. The Tribunal, however, directed the Assessing Officer to consider the interest expenditure as allowable, as it was utilized for the business's purpose. The Tribunal upheld the CIT (A)'s decision, allowing the interest expenditure on the partner's capital as an allowable expense.

Issue 4: Allowance of business expenditure and partner's remuneration
The appellant raised concerns regarding the allowance of business expenditure and partner's remuneration, given the absence of business or professional activity during the relevant year. The Tribunal, having determined the hire charges and consultancy fees as business income, directed the Assessing Officer to allow the claimed business expenditure and partner's remuneration. However, for verification purposes, the Tribunal restored one ground to the AO to confirm if the interest on partner's capital was provided as per the Partnership Deed. The Tribunal dismissed the consequential ground as infructuous.

In conclusion, the Tribunal partly allowed the revenue's appeal for statistical purposes, maintaining the treatment of hire charges and consultancy fees as business income, and allowing the interest expenditure on the partner's capital along with other business expenditure and partner's remuneration.