1983 (1) TMI 50 - HC - Income Tax

Summary

Issues:
1. Allowability of interest under section 36(1)(iii) of the Income-tax Act, 1961
2. Allowability of municipal taxes deduction for the assessment year 1962-63

Interest Allowance:
The assessee, a registered partnership firm, claimed allowance for interest of Rs. 7,517 on borrowed capital under section 36(1)(iii) of the Income-tax Act, 1961 for the assessment year 1962-63. The Income Tax Officer (ITO) disallowed the claim as the interest on a partner's debit balance exceeded the claimed amount. The Tribunal upheld this decision, considering the history of disallowed interest payments to the partner. The court found the ITO's decision reasonable based on the evidence presented, leading to a negative answer in favor of the Revenue for question No. 1.

Municipal Taxes Deduction:
The assessee also sought a deduction of Rs. 1,200 paid as municipal taxes for its branch, M/s. Rajkamal Talkies, for the years 1954-55 to 1958-59. The ITO allowed only Rs. 200 based on the mercantile basis of accounting and the annual liability of Rs. 200. The Tribunal upheld this decision as well. The court reasoned that the consolidated payment for five years did not entitle the assessee to claim the entire deduction in one year, leading to a negative answer in favor of the Revenue for question No. 2. The assessee was directed to bear the costs of the reference.