2017 (10) TMI 1216 - AT - Income Tax

Appeal partially allowed on expense disallowance, reduced to 10% - Stay Application dismissed. Detailed judgment on legal provisions.

Shorewala Overseas Versus Income Tax Officer, Ward-47 (1), New Delhi

The Tribunal partially allowed the appeal regarding the disallowance of expenses, reducing the disallowance to 10% of the expenses incurred on telephone, ... Addition on account of interest on debit balance of the partners capital account by invoking of Section 40(b)(iv) - Held that:- The partners were required to pay interest on the debit balance at the same rate which was applicable on their credit balance. In the present case, it is not in dispute that there was debit balance in the account of the partners, however, the said debit balance has been considered by the AO on the last date of the year. In my opinion, the interest is to be charged on day to day basis and not on the balance at the end of the year. In the present case, since there is clear provision in the partnership deed for charging the interest on the debit balance of the partners and the assessee is also paying interest on the credit balance to the partners. Therefore, do not see any infirmity in the impugned order passed by the ld. CIT(A). However, the AO is required to work out the interest to be charged on the debit balance on day to day basis and not at the end of the year, for this limited purpose, the issue is restored back to the file of the AO. Disallowance of the telephone expenses, car repairs & maintenance as well as care car petrol expenses - Held that:- In the present case, the assessee admitted before the ld. CIT(A) that no separate telephone or vehicles were there for the personal use and that no log-book was maintained for running of the cars, in such circumstances, the personal use by the partners and the employees cannot be ruled out in such type of cases. However, the disallowance made by the AO and sustained by the ld. CIT(A) appears to be on higher side. I, therefore, considering the totality of the facts and to meet the ends of justice, deem it appropriate to reduce the disallowance to the extent of 10% of expenses incurred on telephone, car repairs & maintenance and car petrol instead of 1/8th made by the AO and sustained by the ld. CIT(A). Issues Involved:1. Addition of interest on debit balance of partners' capital account under Section 40(b)(iv) of the Income Tax Act.2. Disallowance of expenses including telephone, car repairs & maintenance, and car petrol expenses.Analysis:Issue 1: Addition of interest on debit balance of partners' capital account under Section 40(b)(iv) of the Income Tax Act:The case involved an appeal against the addition of interest on the debit balance of partners' capital account by invoking Section 40(b)(iv) of the Income Tax Act. The Assessing Officer (AO) charged interest on the debit balance of partners' capital, considering it as income of the assessee. The CIT(A) upheld this addition, stating that the partnership deed included a clause requiring interest payment on debit balances. The appellant argued that the interest should only be charged if it is the firm's income and paid to a partner. The Tribunal noted the partnership deed's provision for interest on debit balances but directed the AO to calculate interest on a day-to-day basis rather than at year-end. The Tribunal upheld the CIT(A)'s decision but provided specific instructions for interest calculation.Issue 2: Disallowance of expenses including telephone, car repairs & maintenance, and car petrol expenses:The AO disallowed a portion of expenses related to telephone, car repairs & maintenance, and car petrol, suspecting personal use elements. The CIT(A) upheld the disallowance, citing lack of log-books for car usage and absence of separate personal phones or vehicles. The appellant contended that the expenses were for genuine business purposes and challenged the disallowance. The Tribunal acknowledged the potential for personal use but deemed the disallowance excessive. Consequently, the Tribunal reduced the disallowance to 10% of the expenses incurred on telephone, car repairs & maintenance, and car petrol, instead of the original 1/8th disallowance made by the AO and sustained by the CIT(A).In conclusion, the Tribunal partially allowed the appeal related to the disallowance of expenses and dismissed the Stay Application as the appeal had been disposed of. The judgment provided detailed reasoning for each issue, emphasizing the legal provisions and factual circumstances to arrive at a fair decision.