2007 (11) TMI 72 - HC - Income Tax

Tribunal held that addit6ional income was from business, not from other sources, the remuneration paid to the partners should be deducted while considering the profit or loss - Tribunal duly considered all the facts and statements - Revision application against tribunal s order by revenue dismissed.

Summary

Issues:
Interpretation of section 40(b)(iii) of the Income-tax Act regarding the allowance of partners' remuneration when the assessee receives income from other sources.

Detailed Analysis:
The case involved the interpretation of section 40(b)(iii) of the Income-tax Act concerning the allowance of partners' remuneration when the assessee receives income from other sources. The assessee, a firm engaged in commercial agencies, filed revised returns after a survey revealed certain unreported entries. The Assessing Officer accepted the revised returns, but the Commissioner of Income-tax issued a notice under section 263, contending that the additional income shown in the revised returns was not from business but from other sources. The Commissioner directed the Assessing Officer to compute the partners' remuneration, including the income from other sources. The assessee appealed to the Income-tax Appellate Tribunal, which concluded that the additional income was from business, not other sources, and set aside the Commissioner's orders. The Revenue challenged these orders, questioning whether partners' remuneration can be allowed when the assessee receives income from other sources.

Upon hearing the parties, the Tribunal's decision was scrutinized. The Tribunal had considered the questions posed and the partners' responses, concluding that the additional income received by the assessee was indeed from business, not other sources. As the income was determined to be from business, the partners' remuneration had to be deducted when calculating the profit and loss. Consequently, it was determined that the Revenue's case lacked merit on the facts of the matter. While acknowledging the legal proposition presented by the Revenue, it was emphasized that the Tribunal's factual finding was crucial. Therefore, it was deemed unnecessary for the Commissioner to reopen the issue using revisional powers, as the additional income was established to be from business, warranting the deduction of partners' remuneration.

In conclusion, the High Court upheld the Income-tax Appellate Tribunal's orders, dismissing the appeals. The Court affirmed that the additional income received by the assessee was from business, not other sources, and thus partners' remuneration should be considered in the profit and loss calculation. The decision favored the assessee on factual grounds, leading to the dismissal of the Revenue's appeals.