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of <h1>Validity of HUF & Trust Partnerships Upheld by ITAT Chennai</h1> <h3>The Deputy Commissioner of Income Tax, Non-Corporate Circle – 4, Coimbatore Versus M/s Aqua Pump Industries and Vice-Versa</h3> The Deputy Commissioner of Income Tax, Non-Corporate Circle – 4, Coimbatore Versus M/s Aqua Pump Industries and Vice-Versa - TMI Issues:- Disallowance under Section 40(b) of the Income-tax Act, 1961 for partnership firms with partners as legal entities.- Validity of partnerships formed by individuals representing Hindu Undivided Family (HUF) and trusts.Analysis:1. The Revenue appealed against the deletion of disallowance under Section 40(b) of the Act for partnership firms with partners as legal entities. The Assessing Officer contended that only individuals could be partners in a partnership firm, not entities like HUF. This led to disallowance of interest and remuneration paid to partners. The CIT(Appeals) disagreed, citing judgments allowing HUF kartas to be partners. He held the firms as genuine and deleted the disallowance.2. The main issue was whether partnerships formed by individuals representing HUF and trusts were valid. The Revenue argued that partnerships required at least one natural individual, relying on the Rashik Lal & Co. case. The assessees maintained that partnerships were genuine, having obtained registration in 1991-92. The ITAT Chennai examined the partnership deeds and relevant clauses. They noted that even if a person represented an HUF, they could be considered a partner in their individual capacity. The ITAT upheld the CIT(Appeals) decision, emphasizing the long-standing registration status and consistency in partnership formation. The appeals of the Revenue were dismissed.3. The judgment highlighted that the partnership firm's formation between individuals representing HUF and trusts was valid. The ITAT Chennai emphasized the importance of individual capacity in partnerships, even when representing entities like HUF. The decision rested on the interpretation of relevant clauses in the partnership deeds and established legal precedents allowing such formations. The ITAT's ruling upheld the genuineness of the partnerships and rejected the Revenue's disallowance claim under Section 40(b) of the Act. The judgment reaffirmed the significance of individual capacity in partnership formations, ensuring consistency and adherence to legal principles.
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