2021 (8) TMI 29 - AT - Income Tax

Deduction u/s 10AA - assessee has not claimed interest on the capital of partners and their remuneration - HELD THAT - AO relied on the decision of Rajkot Tribunal in Meridian Impex 2013 (9) TMI 605 - ITAT RAJKOT and held that non-charging of interest and remuneration thereof has been done to enhance the profit of eligible exempt income. AO worked out the interest and remuneration and thereby restricted the claim of section 10AA. CIT(A) deleted the disallowance by following the decision of Jurisdictional high Court in Alidhara Taxspin Engineers 2017 (5) TMI 1684 - GUJARAT HIGH COURT and also held that in the partnership deed it is clearly mentioned that no interest on capital or remuneration is payable to the partners. We find that the Hon'ble Gujarat High Court in Alidhara Taxspin Engineers (supra) held mere incorporation of interest on partners capital account and remuneration does not signify that the same is mandatory in nature. The case of the assessee is rather on the better footing, as the clause in the partnership deed clearly spelt out that no interest on capital of partners or remuneration is payable to the partners. We do not find any merit in the grounds of appeal raised by the revenue. The case law relied by Ld. CIT-DR is not helpful to the revenue after the decision of Hon'ble Gujarat High Court in Alidhara Taxspin Engineers (supra). - Decided against revenue.

Summary

Issues:
- Appeal against CIT(A) orders for AYs 2009-10 & 2010-11
- Deduction under section 10AA claimed by assessee
- Interest and remuneration to partners not claimed by assessee
- Penalty under section 271(1)(c) initiated by assessing officer
- Disallowance of deduction under section 10AA by AO
- Relief granted by CIT(A) based on partnership deed
- Applicability of Alidhara Taxspin Engineers case law
- Consistency in dismissing appeals for AY 2010-11
- Deletion of penalty under section 271(1)(c) by CIT(A)

Analysis:
1. The appeals by Revenue challenged CIT(A) orders for AYs 2009-10 & 2010-11. The primary issue revolved around the deduction claimed by the assessee under section 10AA. The assessing officer noted that the assessee did not claim interest on partners' capital and their remuneration, leading to the initiation of a penalty under section 271(1)(c).

2. The AO, relying on a tribunal decision, held that non-charging of interest and remuneration was to enhance the profit of eligible exempt income. The AO excluded the interest and remuneration amount from the deduction under section 10AA. However, the CIT(A) reversed this decision, citing the absence of clauses in the partnership deed authorizing such payments.

3. During the proceedings, the Revenue argued that the non-charging of interest and remuneration was to inflate the exempt income. The AR for the assessee countered, citing relevant case laws, including the Alidhara Taxspin Engineers case. The AR highlighted the absence of clauses in the partnership deed allowing payments to partners.

4. The Tribunal found that the partnership deed explicitly stated no interest on capital or remuneration was payable to partners. Relying on the Alidhara Taxspin Engineers case, the Tribunal concluded that the mere incorporation of interest and remuneration clauses did not mandate their payment. The Tribunal dismissed the Revenue's appeal, citing the decision's alignment with the High Court ruling.

5. The Tribunal maintained consistency in dismissing the appeal for AY 2010-11 based on similar grounds as AY 2009-10. Additionally, the penalty under section 271(1)(c) was deleted by the CIT(A) for both assessment years due to the deletion of additions/disallowances that formed the basis of the penalty.

6. Ultimately, the Tribunal upheld the CIT(A) orders, emphasizing the partnership deed's significance in determining the allowance of interest and remuneration. The appeals by the Revenue were dismissed based on the alignment with relevant case laws and the specific clauses in the partnership deed.