1982 (2) TMI 132 - AT - Income Tax

Summary

Issues:
1. Entertainment expenses deduction disallowance under section 37(2B) of the Income-tax Act, 1961.
2. Disallowance under section 40(b) related to interest payments made by the assessee-firm to various partners through different AOPs.

Entertainment Expenses Disallowance:
The case involved the disallowance of entertainment expenses claimed by the assessee. The Income Tax Officer (ITO) disallowed a portion of the expenses, but the Commissioner overturned this decision based on a Supreme Court ruling. However, the Appellate Tribunal disagreed with the Commissioner, stating that the ruling of the Bombay High Court did not automatically apply as the assessment fell under the jurisdiction of the Allahabad High Court. Consequently, the Tribunal reversed the Commissioner's decision and reinstated the disallowance made by the ITO.

Disallowance under Section 40(b):
The dispute centered around the disallowance of interest payments by the assessee-firm to various partners through different Association of Persons (AOPs). The ITO added back a specific amount of interest, arguing that the payments were made to AOPs, not directly to partners, and the genuineness of these AOPs was questionable. The Commissioner, however, deleted this add back, citing a previous case and noting that the assessments on the AOPs were completed on a protective basis. The Appellate Tribunal, considering legal precedents and the nature of AOPs, held that the interest payments were effectively made to individual partners and an outsider, not to the AOPs. As a result, the Tribunal reversed the Commissioner's decision and upheld the ITO's add back, ultimately allowing the revenue's appeal and dismissing the assessee's cross-objection.

---