2001 (3) TMI 76 - HC - Income Tax

Partner in a firm entitled to deduction under Income-tax Act for dividend income

The High Court of CALCUTTA held that a partner in a firm is entitled to claim a deduction under section 80M of the Income-tax Act, 1961 for dividend ... Dividend, Special Deduction Issues:1. Interpretation of section 80M of the Income-tax Act, 1961 regarding entitlement to deduction on dividend income received through a partnership firm.Analysis:The High Court of CALCUTTA was approached under section 256(2) of the Income-tax Act, 1961 to determine whether a partner of a firm could claim a deduction under section 80M of the Act for dividend income received through the firm. The assessee, a private limited company and a partner in a firm, received dividend income from shares held by the firm. The Income-tax Officer denied the deduction under section 80M, arguing that the shares belonged to the partnership firm, not the assessee. The Commissioner of Income-tax (Appeals) upheld this view, considering the firm and its partners as separate assessable entities.In the appeal before the Tribunal, various precedents were considered, including the decision of the Allahabad High Court and the Madras High Court. Reference was made to the judgment of the High Court in CIT v. Indian Iron and Steel Co. Ltd. [1985] 156 ITR 314, where it was held that a beneficiary receiving dividend income through a trust is entitled to the benefit of deduction under section 80M. The assessee argued that partners receiving dividend income through a firm should also be entitled to the same deduction under section 80M.The court, following its earlier decision in CIT v. Indian Iron and Steel Co. Ltd. [1985] 156 ITR 314, concluded that once dividend income is included in the assessment and assessed, the assessee is entitled to all benefits under the relevant provisions of the Act. Therefore, the court answered the question in the affirmative, favoring the assessee and ruling against the Revenue. The reference was disposed of accordingly, directing all parties to act on a signed copy of the order.