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Issues Involved:
The issue involves whether the interest paid to a Hindu undivided family, who is a creditor of the firm, is allowable under section 36(1)(iii) of the Income-tax Act, 1961. Judgment Details: Facts: The assessee, a registered firm, filed a return declaring income. The Income-tax Officer added a sum to the income of the assessee, stating that the interest payment to a partner should be added back to the total income. The Appellate Assistant Commissioner upheld this decision. Contentions: The assessee argued that the interest paid to the Hindu undivided family should not have been disallowed, citing a previous case. The department contended that interest paid to any partner cannot be allowed under section 40(b) of the Act. Tribunal's Decision: The Tribunal held that the interest income accrued to the partner as an individual, not to the Hindu undivided family. Therefore, the payment of interest to the partner could not be allowed under section 40(b). The Tribunal found the earlier case cited by the assessee not applicable in this scenario. Legal Precedents: The Tribunal referred to a Full Bench decision which clarified that interest paid to a partner in a different capacity cannot be disallowed under section 40(b). The Tribunal also noted a subsequent amendment to the Act which further explained the treatment of interest paid in such cases. Conclusion: The Tribunal ruled in favor of the assessee, stating that the interest paid to the Hindu undivided family, who was a creditor of the firm, should not be disallowed. The Tribunal found the department's argument not supported by the facts and circumstances of the case.
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