2015 (10) TMI 2233 - AT - Income Tax

Disallowance of interest u/s 24(b) while computing Income from House Property - assessee contented that the interest has been paid on loan/capital received from the partners which was utilized in acquisition/ construction of property or repayment. of loan utilized for acquisition/ construction of property, hence, should have been allowed - Held that - It is a case where partners have contributed the said amount of ₹ 3,82,33,742/- over and above their fixed capital contribution and therefore the payment of interest by the firm to the partners is an allowable expenditure if the said amount is used for acquisition or improvement of the house property in question as per provisions of sec.24(b) of the IT Act. See M/s.Sane & Doshe Enterprises 2015 (4) TMI 707 - ITAT MUMBAI upheld by HC 2015 (4) TMI 882 - BOMBAY HIGH COURT - Decided in favour of assessee.

Summary

Issues:
- Disallowance of interest u/s 24(b) while computing income from house property.

Analysis:
1. The appeal concerns the disallowance of interest of Rs. 18,70,675 under section 24(b) of the Income Tax Act for the assessment year 2009-10.

2. The assessee, owning a property in Mumbai, claimed interest of Rs. 19,64,857 while computing income from house property. The Assessing Officer (AO) restricted the claim to Rs. 94,182, disallowing the interest paid to partners on their capital contribution. The AO contended that interest on partners' capital cannot be considered for deduction under section 24(b).

3. The appellant argued that the Partnership Deed allowed interest payment on partners' capital, which was over and above their fixed capital contribution. Referring to a Tribunal decision upheld by the High Court, the appellant asserted that interest paid on partners' capital for property acquisition is an allowable expenditure under section 24(b).

4. The Departmental Representative opposed, maintaining that interest paid to partners cannot be treated as expenditure under section 24(b).

5. The Tribunal noted the Partnership Deed provision for interest on partners' capital and fixed capital contribution. Citing a previous Tribunal decision upheld by the High Court, the Tribunal ruled in favor of the appellant, allowing the interest paid on partners' capital as a deduction under section 24(b) for computing income from house property.

6. Consequently, the Tribunal set aside the lower authorities' orders and allowed the appellant's claim under section 24(b). The appeal was allowed in favor of the assessee.

This detailed analysis of the judgment provides a comprehensive understanding of the issues involved and the Tribunal's decision regarding the disallowance of interest under section 24(b) while computing income from house property.