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2020 (1) TMI 925 - HC - Income TaxExemption u/s. 10AA - total income to be computed as per the provisions of section 29 to 43D after allowing all eligible deductions whether or claimed suo-moto by the assessee or not? - ITAT is right in upholding the decision of Ld. CIT(A) in deleting the disallowance made by the Assessing Officer - HELD THAT - Tribunal concurred with the finding recorded by the CIT (A) that the assessee firm had not charged any interest and remuneration in accordance with the partnership deed and, in such circumstances, the assessee firm cannot be compelled to charge interest or remuneration, more particularly, when the partnership deed does not prescribe for the same. The Tribunal concurred with the finding recorded by the CIT (A) that the disallowance made by the AO on account of non provision of interest and remuneration could not have been disallowed under Section 10AA(9) of the Act. The issue stands squarely covered by the decision of this Court in the case of Principal Commissioner of Income Tax vs. Alidhara Taxspin Engineers Anr. 2017 (5) TMI 1684 - GUJARAT HIGH COURT Applying the dictum as laid in Alidhara Taxspin Engineers (supra), we are in complete agreement with the findings recorded by the Tribunal in the impugned order - Decided against revenue.
Issues Involved:
1. Correctness of ITAT's order regarding exemption under Section 10AA of the Income Tax Act. 2. Deletion of disallowance by CIT(A) concerning interest on capital and remuneration to partners. 3. Validity of reassessment proceedings under Section 147 of the Income Tax Act. 4. Initiation of penalty proceedings under Section 271(1)(c) of the Income Tax Act. Detailed Analysis: Issue 1: Correctness of ITAT's Order Regarding Exemption under Section 10AA of the Income Tax Act The Revenue questioned whether the ITAT's order was correct in allowing the exemption under Section 10AA based on total income computed as per Sections 29 to 43D of the Act. The Revenue argued that the assessee firm had taken undue benefits by not claiming interest on capital and remuneration, which increased the exempt profit. The Tribunal, however, upheld the CIT(A)'s decision, stating that the assessee firm had not charged any interest and remuneration as per the partnership deed, and thus, could not be compelled to do so. The Tribunal found no reason to deviate from the CIT(A)'s findings, which were supported by precedents like the case of Ruta Jewels and the jurisdictional ITAT Bench, Ahmedabad's decisions. Issue 2: Deletion of Disallowance by CIT(A) Concerning Interest on Capital and Remuneration to Partners The Revenue contended that the CIT(A) erred in deleting the disallowance made by the Assessing Officer (AO) without appreciating that the assessee firm had manipulated the partnership deed to avoid tax. The CIT(A) observed that the partnership deed explicitly restricted payment of interest and remuneration to partners, and thus, the AO's reliance on the case of Meridian Impex was misplaced. The CIT(A) cited several decisions, including M/s Sagar Foods and Shreeji Dehydrate Export, to support the view that the AO could not compel the assessee to charge interest or remuneration. The Tribunal concurred with the CIT(A)'s findings, emphasizing that the partnership deed did not mandate such payments, and thus, the disallowance was erroneous. Issue 3: Validity of Reassessment Proceedings under Section 147 of the Income Tax Act The CIT(A) addressed the issue of reopening the assessment under Section 147, noting that no new information had come to the department's possession and the reasons for reopening were merely reiterations of already available information. Since the additions made by the AO were deleted, this ground became infructuous and was not adjudicated further. Issue 4: Initiation of Penalty Proceedings under Section 271(1)(c) of the Income Tax Act The CIT(A) deemed the ground regarding the initiation of penalty proceedings under Section 271(1)(c) as premature at this stage, given that no inaccurate particulars of income had been furnished by the appellant. Conclusion: The Tribunal upheld the CIT(A)'s decision, agreeing that the assessee firm could not be compelled to charge interest or remuneration as per the partnership deed. The Tribunal found the disallowance made by the AO to be erroneous and incorrect in law and facts. The decision was supported by precedents, including the case of Principal Commissioner of Income Tax vs. Alidhara Taxspin Engineers, which emphasized that mere incorporation of interest and remuneration clauses in the partnership deed did not make them mandatory. Consequently, the High Court dismissed the Revenue's appeals, finding no substantial questions of law involved.
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