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2018 (10) TMI 1686 - AT - Income TaxDeduction u/s 10AA - applicability of provision of Section 80(IA) r.w.s. 10AA(9) - impact of not claiming deductions of interest on Capital and Remuneration to partners of the assessee firm - HELD THAT - From the binding decision of the Hon'ble High court of Gujarat in the case of Alidhara Taxspin Engineers 2017 (5) TMI 1684 - GUJARAT HIGH COURT wherein their lordship speaking for the Jurisdictional High Court clearly held that mere incorporation of interest on partners capital account and remuneration does not signify that the same are mandatory in nature. As we have noted above, in the present case the appellant has not charged any interest and remuneration as per partnership deed therefore, the appellant firm cannot be compelled to charge interest or remuneration. Therefore, we are inclined to hold the CIT(A) was right in observing that the disallowance made by the AO on account of non provision of interest and remuneration of s. 10AA deduction is erroneous and incorrect and law and facts as in the peculiar facts of the present case the partnership deed clearly lays down that no interest and remuneration is payable and hence, the first appellate authority right in deleting the disallowance made by the AO on account of non provision of interest and remuneration from amount of deduction u/s. 10AA. We are unable to see any valid reason to interfere with the same and thus, we confirm the same. Decided against revenue.
Issues Involved:
- Disallowance of deductions under Section 80(IA) r.w.s. 10AA(9) for interest on Capital and Remuneration to partners. - Justification of the Commissioner of Income Tax (Appeals) in deleting the disallowance. - Claiming higher profits by not providing interest and remuneration to partners. - Applicability of ITAT and High Court decisions in similar cases. Detailed Analysis: Issue 1: Disallowance of deductions under Section 80(IA) r.w.s. 10AA(9) for interest on Capital and Remuneration to partners: The Revenue filed two appeals against the orders of the Commissioner of Income Tax (Appeals) for the Assessment Years 2013-14 and 2014-15. The main contention was the disallowance of deductions under Section 80(IA) r.w.s. 10AA(9) for interest on Capital and Remuneration to partners of the assessee firm. The Revenue argued that the assessee had taken undue benefits of Section 10AA by not claiming these deductions, resulting in an increase in exempted profit. Issue 2: Justification of the Commissioner of Income Tax (Appeals) in deleting the disallowance: The Commissioner of Income Tax (Appeals) justified the deletion of the disallowance by considering the partnership deed, which did not include clauses for payment of interest and remuneration to partners. The Appellate Tribunal observed that the facts of the present case were distinct from previous cases cited by the Revenue, where specific clauses regarding payment of interest and remuneration were present in the partnership deed. The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) based on the absence of such clauses in the partnership deed. Issue 3: Claiming higher profits by not providing interest and remuneration to partners: The Revenue contended that by not providing interest and remuneration to the partners, the firm claimed higher profits, leading to a higher claim of deduction under Section 10AA of the Act. However, the Appellate Tribunal noted that the partnership deed clearly stated that no interest and remuneration were payable to the partners, and therefore, the firm could not be compelled to charge these amounts. The Tribunal agreed with the Commissioner of Income Tax (Appeals) that the disallowance made by the Assessing Officer was erroneous in the absence of provisions for interest and remuneration in the partnership deed. Issue 4: Applicability of ITAT and High Court decisions in similar cases: The Appellate Tribunal referred to decisions of ITAT and the High Court, emphasizing that the mere incorporation of interest on partners' capital account and remuneration does not imply mandatory nature. The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) based on the specific provisions of the partnership deed in the present case, where no interest and remuneration were payable. The Tribunal dismissed the grounds of the Revenue and confirmed the deletion of disallowance made by the Assessing Officer. In conclusion, the Appellate Tribunal dismissed the appeals of the Revenue for both Assessment Years, 2013-14 and 2014-15, based on the partnership deed's provisions and the absence of clauses for interest and remuneration to partners, leading to the denial of deductions under Section 80(IA) r.w.s. 10AA(9). The Tribunal upheld the decision of the Commissioner of Income Tax (Appeals) and confirmed the deletion of disallowance, citing the specific facts and circumstances of the case and the legal precedents mentioned.
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