2016 (12) TMI 107 - AT - Income Tax

Disallowance of remuneration computed appellant u/s 40(b) - Held that - The assessee during the course of survey is to be assessed as business income and the assessee is entitled to the claim of remuneration as interest in capital under the provisions of section 40(b) of the Act on such additional income. The Assessing Officer is directed to re-compute the income in the hands of assessee. Hence, the grounds of appeal and additional ground of appeal raised are decided in favour of assessee.

Summary

Issues involved:
1. Condonation of delay in filing the appeal late before the Tribunal
2. Assessability of additional income declared during the survey
3. Disallowance of remuneration under section 40(b) of the Act

Analysis:

1. Condonation of Delay:
The appeal was filed after a delay of 354 days, with the partner of the firm attributing the delay to the failure of an employee to deliver the necessary documents to the Chartered Accountant. The Tribunal, considering the reasons provided and the precedent set in a similar case, decided to condone the delay in filing the appeal. The appeal was accepted for adjudication based on the principle of natural justice and the relief granted to the sister concern in a comparable situation.

2. Assessability of Additional Income:
The primary issue raised by the assessee was the assessability of additional income declared during a survey. The Tribunal analyzed the case in light of a previous judgment involving a similar scenario. It was established that the additional income declared by the assessee should be treated as 'business income,' contrary to the AO's view of deeming it as income under section 69B of the Act. The Tribunal directed the Assessing Officer to re-compute the income, allowing the claim of remuneration and interest in capital under section 40(b) of the Act on the additional income declared during the survey. Consequently, the grounds of appeal were decided in favor of the assessee.

3. Disallowance of Remuneration:
The additional ground of appeal raised by the assessee pertained to the disallowance of remuneration computed under section 40(b) of the Act. The Tribunal, following a similar case, held that the disallowance made by the AO was not in line with the provisions of the Act. It was determined that the assessee should have been allowed the remuneration in full, and the allowance made by the AO was incorrect. Therefore, just and proper relief was granted to the appellant in this respect, aligning with the provisions of the Act and ensuring fairness in the decision.

In conclusion, the Tribunal allowed the appeal of the assessee, addressing all the issues raised comprehensively and providing detailed reasoning for each decision. The judgment was pronounced on November 18, 2016, with a thorough analysis of the legal aspects and factual circumstances surrounding the case.