1979 (9) TMI 49 - HC - Income Tax

Court rules interest received by a firm must not offset interest paid to partners under Income-tax Act

The High Court held that setting off interest received by a firm against interest paid to partners under section 40(b) of the Income-tax Act was a ... Firm Assessment, Set Off Issues:1. Whether setting off interest received by the firm against interest paid to partners under section 40(b) of the Income-tax Act was a mistakeRs.2. Whether the mistake was rectifiable under section 154 of the Income-tax ActRs.3. Whether interest charged by the firm from a partner should be considered as its incomeRs.Analysis:The judgment pertains to a case where the Income-tax Appellate Tribunal, Allahabad Bench, referred three questions to the High Court for opinion. The first issue revolved around whether setting off interest received by the firm from one partner against interest paid to other partners under section 40(b) of the Income-tax Act was a mistake. The court observed that as per section 40(b), interest paid by the firm to partners must be disallowed. The court held that the interest received by the firm from a partner constituted its income and had to be included as per precedents like Sri Ram Mahadeo Prasad v. CIT and Chhotalal Keshavram. The court rejected the argument that the interest paid to a partner should be adjusted against interest received, as it would render section 40(b) ineffective.Regarding the second issue, the court found that the Income Tax Officer (ITO) had committed a clear error in adjusting the interest received from one partner against interest paid to others. The court affirmed that such a palpable mistake could be rectified under section 154 of the Income-tax Act. Therefore, the mistake made by the ITO was rectifiable under the law.Lastly, on the third issue, the court reiterated its stance from the first question, stating that the interest charged by the firm from a partner should be considered as its income. The court concluded by answering all three questions in the affirmative, favoring the department and ruling against the assessee. The department was awarded costs, and the counsel's fee was assessed accordingly.