1985 (10) TMI 75 - HC - Income Tax

Summary

Issues:
- Interpretation of provisions under section 256(2) of the Income-tax Act, 1961
- Deductibility of interest paid to minors on gifts made by partners through book entries
- Application of sections 36(1)(iii) and 37 of the Income-tax Act, 1961

Analysis:

Interpretation of Section 256(2) of the Income-tax Act, 1961:
The judgment pertains to five applications under section 256(2) of the Income-tax Act, 1961, seeking reference of legal questions arising from the Tribunal's orders for various assessment years. The court consolidated these applications due to common parties and legal issues involved.

Deductibility of Interest Paid to Minors on Gifts:
The primary legal question revolved around whether interest paid by the assessee to minors on gifts made by partners through book entries is a deductible expense. The court examined the validity of these gifts and the subsequent utilization of gifted amounts for business purposes. The Revenue contended that since there were no fresh borrowings by the assessee firm, the interest paid was not deductible under sections 36(1)(iii) or 37 of the Act. In contrast, the assessee argued that once gifts were made by partners, the gifted amounts belonged to the minors and if utilized for business, the interest paid was deductible under sections 36 and 37. The court analyzed relevant precedents and concluded that the gifts were valid, and the interest paid on such utilized amounts constituted a permissible deduction under section 36(1)(iii) of the Act.

Application of Sections 36(1)(iii) and 37 of the Income-tax Act, 1961:
The court emphasized that the gifts were not made by the firm but by individual partners, and the gifted amounts became the property of the minors. As these amounts were utilized for the firm's business, they were considered as borrowings for business purposes, making the interest paid deductible under section 36(1)(iii). The court highlighted that the question of whether the amount was borrowed and used for business is a factual finding, and since this finding was accepted, the interest paid on such borrowings was deemed deductible. Additionally, the court noted the wide scope of section 37 but found no need to delve into it given the allowance of deduction under section 36(1)(iii).

In conclusion, the court dismissed the reference applications, upholding the deductibility of interest paid on gifts made by partners to minors for business purposes under section 36(1)(iii) of the Income-tax Act, 1961. The judgment highlighted the distinction between gifts made by partners and the firm, emphasizing the utilization of gifted amounts for business as a basis for deductibility.