2022 (7) TMI 1211 - AT - Income Tax

Revision u/s 263 by CIT - remuneration paid to its working partners - such partners of the assessee firm is engaged in full time teaching profession, remuneration paid to her by the assessee firm is not allowable u/s 40A(2)(a) and as seen that the AO omitted to disallow the same in the assessment order and no enquiries were made in this regard during the assessment proceedings - HELD THAT - As main contention of the assessee is that Smt.Dadi Anuradha is a teacher. After school working hours, she used to attend office for an administration work and verification of loan applications etc and is paid reasonable remuneration of Rs.3,80,000/- only and there is no bar under the law that the working partner should be full time working partner. Therefore, she is working as a part time / temporary teacher in the said school. Considering all, there is also possibility to attend the work during holidays and after school hours. Therefore, we are of the view that initiation of proceedings u/s 263 is not valid on this count. Hence, we set aside the order passed by the Ld.Pr.CIT u/s 263 and allow the grounds raised by the assessee.

Summary

Issues:
1. Validity of invoking jurisdiction under section 263 of the Income Tax Act.
2. Allowability of remuneration paid to a working partner who is also a part-time teacher.
3. Adequacy of verification by the Assessing Officer.

Issue 1: Validity of invoking jurisdiction under section 263 of the Income Tax Act:
The appeal was filed against the order of the Principal Commissioner of Income Tax for the Assessment Year 2015-16. The Principal Commissioner initiated revisional proceedings under section 263 based on the remuneration paid to a working partner who was also a part-time teacher. The contention was that the Assessing Officer failed to disallow the remuneration in the assessment order, leading to the revisional proceedings. The assessee argued that the initiation of proceedings under section 263 was not valid as there was no error committed by the Assessing Officer. The Tribunal agreed with the assessee, setting aside the order passed under section 263.

Issue 2: Allowability of remuneration paid to a working partner who is also a part-time teacher:
The dispute revolved around the remuneration paid to a working partner who was also a part-time teacher. The Principal Commissioner disallowed the remuneration paid to the partner engaged in teaching, citing section 40A(2)(a) of the Income Tax Act. The assessee contended that the partner performed administration work at the office after school hours and during holidays, justifying the remuneration. The Tribunal found that the partner's dual role as a teacher and an office worker did not violate any legal provisions. Therefore, the Tribunal allowed the grounds raised by the assessee, setting aside the Principal Commissioner's order.

Issue 3: Adequacy of verification by the Assessing Officer:
The Assessing Officer had allowed the remuneration as expenditure to the firm without conducting thorough verification. This lack of verification led to the initiation of revisional proceedings under section 263. The Tribunal considered the arguments presented by both parties and concluded that the Assessing Officer's examination was sufficient. The Tribunal held that the remuneration paid to the working partner was reasonable and justified, especially considering the partner's part-time role in the firm. Consequently, the Tribunal set aside the order passed by the Principal Commissioner under section 263 and ruled in favor of the assessee.

In conclusion, the Tribunal's judgment addressed the issues of the validity of invoking jurisdiction under section 263, the allowability of remuneration paid to a working partner who is also a part-time teacher, and the adequacy of verification by the Assessing Officer. The Tribunal found in favor of the assessee, setting aside the Principal Commissioner's order and allowing the appeal.