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2022 (1) TMI 1345 - AT - Income TaxEligibility of exemption as per section 10(2A) - share of profit received from the partnership firm - assessee (LLP) is deriving income from business in the form of running of plant and machineries and share of profit from partnership firm - HELD THAT - Assessee (LLP) is a partner in M/s. M.S. Enterprises and assessee has claimed exemption u/s 10(2A) of the Act on the share of profit received from M/s. M.S. Enterprises. The section 10(2A) of the Act grants exemption to a person being a partner of firm which is separately assessed as such, his share in the total income of the firm. The firm has been defined in section 2(23) of the Act, which includes LLP also. The Act is very clear that the LLP is to be treated as a firm. A firm can be a partner in other partnership firms. There is no restriction in the income tax Act for becoming partner by firm in other partnership firms. The assessee is a LLP and has received share of profit from other partnership firm which has been claimed as exempt income. As relying on case of Radha Krishna Jalan 2007 (8) TMI 42 - HIGH COURT , GAUHATI we hold that the assessee is eligible for exemption u/s 10(2A) of the Act from the share of profit received from the partnership firm. No much weightage on the case law relied by the ld. DR. Accordingly, allow the appeal of the assessee.
Issues Involved:
1. Eligibility for exemption under Section 10(2A) of the Income Tax Act. 2. Validity of the delay in filing the appeal. 3. Interpretation of legal provisions regarding LLPs and their eligibility for tax exemptions. 4. Applicability of previous judicial decisions on the current case. Detailed Analysis: 1. Eligibility for Exemption under Section 10(2A) of the Income Tax Act: The core issue in the appeal was whether the assessee, an LLP, is eligible for exemption under Section 10(2A) of the Income Tax Act. The assessee claimed exemption for the share of profit received from a partnership firm, which was denied by the CIT(A) based on the Supreme Court judgment in Dulichand Laxminarayan Vs. CIT. The CIT(A) held that a firm cannot be a partner in another firm as it is not a legal entity but an association of individuals. The Tribunal, however, found that the Income Tax Act defines a firm to include LLPs and allows them to be treated as firms eligible for exemptions under Section 10(2A). The Tribunal relied on the judgment of the Hon'ble High Court of Kerala in Jayamma Xavier Vs. Registrar of Firms, which recognized LLPs as legal entities capable of entering partnerships and being treated as persons under the General Clauses Act. 2. Validity of the Delay in Filing the Appeal: The appeal was filed with a delay of 13 days, which was condoned by the Tribunal after considering the explanations provided by the assessee, including an application and affidavit explaining the reasons for the delay. 3. Interpretation of Legal Provisions Regarding LLPs and Their Eligibility for Tax Exemptions: The Tribunal analyzed the provisions of the LLP Act and the Indian Partnership Act. It noted that LLPs are considered body corporates and legal entities separate from their partners, capable of entering into partnerships and being treated as persons under the General Clauses Act. The Tribunal emphasized that the definition of a firm under Section 2(23) of the Income Tax Act includes LLPs, and there is no restriction in the Income Tax Act preventing a firm from becoming a partner in another firm. The Tribunal also referred to the Guwahati High Court's judgment in Radha Krishna Jalan Vs. CIT, which supported the view that LLPs can claim exemptions under Section 10(2A) without leading to double taxation. 4. Applicability of Previous Judicial Decisions on the Current Case: The Tribunal distinguished the present case from the Supreme Court judgment in Dulichand Laxminarayan, noting that the LLP Act was not in force when that judgment was delivered. The Tribunal found the judgment of the Kerala High Court in Jayamma Xavier more relevant, as it considered the provisions of the LLP Act and recognized LLPs as persons capable of entering partnerships. The Tribunal also referred to the Guwahati High Court's judgment in Radha Krishna Jalan, which supported the exemption under Section 10(2A) for LLPs. Conclusion: The Tribunal concluded that the assessee, an LLP, is eligible for exemption under Section 10(2A) of the Income Tax Act for the share of profit received from the partnership firm. The Tribunal allowed the appeal, setting aside the CIT(A)'s order and rejecting the arguments that the exemption would lead to double taxation. The Tribunal's decision was based on a detailed analysis of the relevant legal provisions and judicial precedents, emphasizing the recognition of LLPs as legal entities eligible for tax exemptions. The appeal was allowed, and the exemption under Section 10(2A) was granted to the assessee.
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