1968 (5) TMI 5 - HC - Income Tax

Whether the expenses incurred for earning the profits of firm have to be deducted from partner s share of profits - Held, yes

Summary

Issues:
1. Whether the deduction of Rs. 3,400 for maintenance and depreciation of a motor car used for business purposes can be legally claimed by the assessee.

Analysis:
The case involved a reference under section 256(1) of the Income-tax Act, 1961, where the Income-tax Appellate Tribunal referred the question of the legality of deducting Rs. 3,400 from the assessee's assessment. The assessee, a Hindu undivided family, claimed the deduction for the maintenance and depreciation of a motor car used exclusively for business purposes, which was disallowed by the Income-tax Officer and the Appellate Assistant Commissioner based on section 67(3) of the Act. This section allowed deduction for interest paid by a partner on capital borrowed for investment in the firm. However, the Tribunal held that section 67(3) was not exclusive and the assessee could claim deduction under section 37(1) for any expenditure wholly and exclusively incurred for business purposes.

The main legal question was whether the enumeration of interest in section 67(3) implied the exclusion of any other deduction for a partner's share in a partnership firm's profits. The court accepted the contention that the assessee could claim deductions under section 37(1) in addition to those under section 67(3). The court referred to the old Income-tax Act and previous judgments to support the view that deductions for expenses incurred for business purposes should be allowed beyond what is specifically mentioned in the statute.

The court emphasized that the legislative history of section 67(3) indicated that it was not intended to be exhaustive, as initially proposed restrictions on deductions were later omitted. Therefore, the court held that the assessee was entitled to claim the deduction under section 37(1) if the expenditure was wholly and exclusively for business purposes, a fact which was not disputed in this case. The court concluded that the sum of Rs. 3,400 could be legally deducted from the assessee's assessment, and awarded costs to the assessee.