9911796707
|
Home
Issues:
- Interpretation of section 40(b) of the Income-tax Act, 1961 regarding the disallowance of interest paid on loans. - Determination of whether the interest paid to a bank by a partnership firm, through loans obtained by individual partners, can be added back under section 40(b). Analysis: The High Court of Gujarat addressed the issue of the disallowance of interest paid on loans under section 40(b) of the Income-tax Act, 1961 in a case involving a partnership firm and its partners. The assessee-firm, consisting of four partners, borrowed Rs. 10,000 each from a cooperative bank, totaling Rs. 40,000, which was then transferred to the firm's account. The Income-tax Officer disallowed the interest paid on the loans, considering it as capital raised by the partners. The Tribunal, however, viewed the partners as conduits for obtaining the loan for the firm's business, allowing the deduction of interest paid to the bank. In determining the issue, the Court referred to a similar case decided by the Punjab and Haryana High Court, where loans taken by partners were credited to their capital accounts, leading to the disallowance of interest under section 40(b). However, the Court distinguished the present case as the loans were immediately transferred to the firm's account, with interest paid directly to the bank. The Tribunal's finding that the firm borrowed the money through its partners for business purposes was upheld, leading to the conclusion that the interest paid to the bank could not be disallowed under section 40(b. The Court emphasized that the interest was paid to the bank and not the partners, highlighting the distinction from the Punjab and Haryana High Court case. Since the firm was the borrower for business purposes, the interest paid to the bank was deemed allowable as a deduction. Therefore, the Court agreed with the Tribunal's decision and ruled against the Revenue's contention, disposing of the reference with no costs.
|
