2011 (11) TMI 446 - AT - Income Tax

Business expenditure - deduction of Keyman Insurance premium paid on the life of partner Held that - CIT(A) has rightly deleted the addition made on this ground, stating that the expenditure incurred by the assessee, which is a partnership firm, in paying the premium for a Keyman insurance policy obtained by the firm on the life of its partner must be regarded as expenditure incurred wholly and exclusively for the business of the firm. See CIT v. B. N. Exports (2010 (3) TMI 186 - BOMBAY HIGH COURT) Also see ITO, Ward 21(3)(3) Versus Modi Motors 2008 (12) TMI 437 - ITAT MUMBAI Decided against revenue.

Summary

Issues:
Appeal against deletion of addition of Keyman Insurance premium as business expenditure.

Analysis:
The appeal was filed against the deletion of an addition of Rs. 11,80,685 made by the Assessing Officer on the issue of Keyman Insurance premium paid on the life of a partner. The Assessing Officer disallowed the premium claiming it as a deduction for self and not allowable as business expenditure. However, the Commissioner of Income-tax (Appeals) allowed the claim of the assessee, stating that a partnership firm is within its right to obtain keyman insurance policy on the life of its partners. The Commissioner referred to Circular No. 762 and judgments of various High Courts and Tribunals supporting the allowance of such premiums as business expenditure. The Commissioner highlighted that partners are distinct from the partnership firm for the purpose of section 10(10D) of the Act, and the keyman insurance premium is an allowable business expenditure.

The ITAT, Chandigarh, upheld the decision of the Commissioner of Income-tax (Appeals) after considering the arguments from both parties. The ITAT noted that the Commissioner had correctly analyzed the issue and relied on precedents such as CIT v. B. N. Exports, Modi Motors, and P. G. Electronics, which favored the assessee. The ITAT confirmed the order of the Commissioner, dismissing the appeal filed by the Department. The judgment was pronounced on November 30, 2011.

In conclusion, the ITAT affirmed the decision of the Commissioner of Income-tax (Appeals) to allow the keyman insurance premium as a business expenditure, based on the legal interpretations and precedents cited in support of the assessee's position. The judgment underlines the distinction between partners and the partnership firm for the purpose of claiming such deductions, emphasizing the legality of the premium payment in this context.