2021 (8) TMI 361 - AT - Income Tax

Disallowance of annuity payment made to wife of a deceased partner of the firm - HELD THAT - It is the case of the assessee that the assessee firm had made a payment as payment of annuity to the wife of the deceased Partner of the assessee firm Shri Jahangir Garat. This payment was made as per the agreed terms vide Clause-12 4 of the Partnership Deed dated 22nd June 2006 and, hence, the claim has to be allowed. Revenue authorities have disallowed the claim of the assessee in view of the decision of the Co-ordinate Bench of the Tribunal rendered in assessee's own case in preceding assessment year i.e., 2008-09 in Gagrats v/s. ACIT, 2015 (3) TMI 1395 - ITAT MUMBAI wherein exactly similar issue has been decided by the Tribunal against the assessee and in favour of the Revenue by following the precedence being maintained on this issue by the Tribunal in assessee's own case cited supra. Before us, assessee has not brought any material on record which is contrary to the decision of the Tribunal as aforesaid to enable this Bench to take a different view. - Decided against assesee.

Summary

Issues:
Disallowance of annuity payment to deceased partner's wife.

Analysis:
The appeal was filed challenging the order by the Commissioner of Income Tax (Appeals) for the assessment year 2014-15. The main issue was whether the disallowance of annuity payment of ?12,00,000 made to the deceased partner's wife was justified. The firm, engaged in legal profession, claimed the payment as deductible under the Partnership Deed. The Assessing Officer disallowed the claim, citing a previous Tribunal decision. The firm contended that the payment was an overriding obligation as per the Partnership Deed.

Before the CIT(A), the firm reiterated its arguments, citing relevant clauses from the Partnership Deed and judicial pronouncements to support its claim. However, the CIT(A) upheld the disallowance, relying on a previous Tribunal decision against the firm. The firm then appealed to the Tribunal.

During the Tribunal hearing, the firm's counsel argued that the payment was made as per the Partnership Deed and was a diversion of income, not an application of income. The firm relied on High Court decisions supporting its position. The Departmental Representative supported the lower authorities' decisions.

The Tribunal examined the facts and upheld the CIT(A)'s order, noting that the firm failed to provide any new material to challenge the previous Tribunal decision. The Tribunal found no reason to interfere with the lower authorities' decision and dismissed the firm's appeal.

In conclusion, the Tribunal upheld the disallowance of the annuity payment to the deceased partner's wife, based on the terms of the Partnership Deed and the precedent set by a previous Tribunal decision in the firm's own case. The firm's appeal was consequently dismissed.