1982 (2) TMI 94 - AT - Income Tax

Summary

Issues: Disallowance of interest payment to LIC by the assessee-firm under section 40(b) of the Income-tax Act, 1961 for the assessment year 1980-81.

In this case, the appeal was against the disallowance of interest amounting to Rs. 2,126 paid by the assessee-firm to LIC, which was raised by the partners against their insurance policies. The ITO disallowed the interest payment, stating that as the loan was raised by the partners, the interest payment could not be allowed. The AAC confirmed this decision. The assessee argued that the interest was paid to LIC, not directly to the partners, and the loan was utilized for the firm's purposes. The firm raised a loan of Rs. 50,000 against policies worth Rs. 80,000, with only one partner remaining in the firm. The department contended that since the partners raised the loan, the interest should be treated as payment to partners under section 40(b). The Tribunal noted that interest paid on capital borrowed for business purposes is deductible, but payments to partners are not. The crucial question was whether the interest was paid to the partners or to the creditor. The Tribunal found that the interest was not paid to the partners as it did not benefit them directly. The disallowance of interest was not justified under section 40(b.

The Tribunal analyzed the case in light of section 40(b) of the Income-tax Act, which prohibits deductions for payments to partners. It emphasized that for the disallowance to apply, the payment must be to a partner specifically. In this case, the interest paid to LIC, using policies as security, did not directly benefit the partners. The Tribunal highlighted that the interest was not reflected in the partners' share income and the disallowance increased each partner's share income equally, despite varying contributions. The Tribunal also noted the incongruity in the ITO's accounting approach, failing to consider section 67 for computing partners' income. The decision in a previous Tribunal case was distinguished due to the lack of consideration of all relevant aspects. Additionally, it was highlighted that partners who pay interest on their investments can claim deductions under section 36, but as the partners did not borrow money directly in this case, they could not claim such deductions. Consequently, the appeal was allowed, overturning the disallowance of interest payment to LIC by the assessee-firm for the assessment year 1980-81.