1980 (3) TMI 134 - AT - Income Tax

Summary

Issues:
Validity of firm registration based on profit sharing ratio and partnership deed.

Analysis:
The appeal before the Appellate Tribunal ITAT Jaipur concerned the assessment year 1976-77. The Income Tax Officer (ITO) had raised concerns about the genuineness of the firm due to the alleged disproportionate share of profit given to a new partner, Shri Kishan Mohan. The ITO contended that the assessee failed to provide convincing evidence to prove that profits were divided in accordance with the profit sharing ratio specified in the partnership deed, leading to a denial of registration.

Upon appeal to the Commissioner of Income Tax (Appeals) [CIT(A)], the assessee presented accounts from Surmal Bahi to demonstrate that the new partner had indeed received profits as per the terms of the partnership instrument. However, the CIT(A) concurred with the ITO's findings, stating that profits were not divided in accordance with the specified ratio.

Subsequently, the matter was brought before the Tribunal where the assessee argued that the profits were genuinely divided as per the partnership deed and supported this claim with the balance-sheet and Surmal Bahi. The Tribunal noted that the balance-sheet reflected profits divided in accordance with the profit sharing ratio, and the Surmal Bahi further substantiated this division. The Tribunal found no evidence suggesting that profits were enjoyed solely by one partner, emphasizing that the partnership deed's terms were adhered to.

In the Tribunal's view, the objection raised by the ITO regarding the profit sharing ratio in relation to capital employed by partners lacked merit. The Tribunal highlighted that partners have the autonomy to determine profit sharing ratios, and deviations from capital contributions do not invalidate the firm's genuineness. Citing the necessity of a valid partnership deed specifying profit sharing ratios and actual adherence to these ratios, the Tribunal overturned the lower authorities' decisions and directed the ITO to grant registration to the firm for the assessment year 1976-77.

Ultimately, the Tribunal allowed the appeal, concluding that the firm was genuine and entitled to registration based on the evidence presented regarding profit division in accordance with the partnership deed.