1984 (12) TMI 40 - HC - Income Tax

Summary

Issues:
1. Interpretation of section 40(b) of the Income-tax Act, 1961 regarding disallowance of interest paid by a firm to its partners.
2. Whether interest paid to Hindu undivided families of partners is disallowable under section 40(b).
3. Application of Board's Circular (Notification No. 997), dated August 11, 1976 in determining the disallowance of interest.

Analysis:
The judgment pertains to references under section 256(1) of the Income-tax Act, 1961, addressing the disallowance of interest paid by a firm to its partners under section 40(b). The central question was whether interest paid by the firm to the accounts of Hindu undivided families of partners was disallowable under section 40(b. The Income-tax Officer disallowed the interest, stating that the nature of the partner's receipt of interest, either in an individual capacity or as a "karta" of the Hindu undivided family, was irrelevant for section 40(b) purposes.

The Appellate Assistant Commissioner, however, ruled in favor of the assessee-firm, emphasizing that since the interest was paid to the Hindu undivided families' accounts and not individual partner accounts, the disallowance was unwarranted. The Tribunal analyzed the case, noting that the transfer of capital from individual partner accounts to family accounts was a mechanism to evade section 40(b) provisions, leading to the rightful disallowance of interest by the Income-tax Officer.

The judgment referred to the scope of section 40(b) as outlined in previous cases, emphasizing the absolute prohibition on allowances for payments like interest to partners, irrespective of their capacity within the firm. The court highlighted that the interest credited to the family accounts was not necessarily towards loans advanced by the families, especially when partners agreed to transfer capital and profits to those accounts as observed by the Tribunal.

Regarding the Board's Circular (Notification No. 997), dated August 11, 1976, the court clarified that its applicability was contingent on interest payments specifically to Hindu undivided families for loans apart from capital contributions. In this case, where the Tribunal found the utilised amount to be the firm's capital, the circular was deemed inapplicable, affirming the disallowance of interest under section 40(b.

Ultimately, the court answered the question in the affirmative against the assessee-firm, upholding the disallowance of interest paid to the Hindu undivided families of partners under section 40(b) of the Income-tax Act, 1961.