2013 (11) TMI 127 - AT - Income Tax

Disallowance of remuneration to partner Paid salary of Rs. 2.20 lakhs to Smt. Madhumita Paul, one of the partners of the assessee-firm Held that - No reason has been given for fixing the salary paid to Smt. Madhumita Paul at Rs. 1.20 lakhs - Proved that Smt. Madhumita Paul did know of the operations of the assessee s business - The Assessing Officer and the learned Commissioner of Income-tax (Appeals) has estimated the salary of Smt. Madhumita Paul without considering any comparative case or without laying any foundation for such estimation itself Decided in favour of the assessee.

Summary

Issues: Disallowance of partner's remuneration; Violation of natural justice in assessment

Issue 1: Disallowance of partner's remuneration

The appeal was filed against the order of the Commissioner of Income-tax (Appeals) regarding the disallowance of remuneration paid to a partner. The appellant argued that the partner, actively engaged in the firm, was entitled to the remuneration as per the partnership deed. The Assessing Officer had restricted the salary, and the Commissioner granted partial relief. The appellant contended that no valid reason was provided for the disallowance. The partner's statement confirmed her involvement in the business. The Departmental representative supported the Commissioner's order. The Tribunal noted that the partner had worked at the business premises, but her salary was restricted by the Assessing Officer without proper basis. The Commissioner considered the partner's qualifications and age, limiting the disallowance to Rs. 1 lakh. However, the Tribunal found no justification for this restriction and directed the full allowance of Rs. 2.20 lakhs per annum, ruling in favor of the appellant.

Issue 2: Violation of natural justice in assessment

The appellant argued that the assessment violated the principles of natural justice and requested the deletion of the addition to uphold the original income. The Tribunal did not delve deeply into this issue in its judgment, focusing primarily on the disallowance of partner's remuneration. However, the Tribunal's decision to allow the appellant's claim for full partner's salary implicitly addressed the issue of natural justice by rectifying the incorrect assessment made by the lower authorities.

In conclusion, the Tribunal allowed the appeal, directing the Assessing Officer to allow the full partner's salary claimed by the appellant. The judgment highlighted the importance of proper justification and consideration in assessing partner's remuneration, emphasizing the need for a factual and reasoned approach in such matters. The issue of natural justice, while raised by the appellant, was not explicitly discussed in the judgment but was indirectly addressed through the Tribunal's corrective action in the assessment.