1984 (3) TMI 176 - AT - Income Tax

Appellate Tribunal allows partner's remuneration for non-partnership services under Income-tax Act

Tarakarama Film Unit. Versus Income-Tax Officer.

The Appellate Tribunal ruled in favor of the assessee, holding that the remuneration paid to a partner for services rendered outside the scope of ... A Firm Issues:1. Disallowance of remuneration to a partner under section 40(b) of the Income-tax Act, 1961.2. Interpretation of the applicability of section 40(b) in the context of payments made to partners for services rendered outside the scope of partnership duties.Detailed Analysis:Issue 1: The primary issue in this case is the disallowance of Rs. 10,000 paid as remuneration to a partner, Shri N. Balakrishna, under section 40(b) of the Income-tax Act, 1961. The Income Tax Officer (ITO) added this amount to the firm's assessment, leading to an appeal by the assessee before the Appellate Authority. The Appellate Authority confirmed the disallowance, prompting the assessee to file a second appeal before the Appellate Tribunal.Issue 2: The crux of the second issue revolves around the interpretation of section 40(b) concerning payments made to partners for services rendered outside their partnership duties. The assessee contended that the remuneration paid to Shri N. Balakrishna, who acted as a cine artiste in a film produced by the firm, should not be disallowed under section 40(b). The argument emphasized that the payment was not made from the firm's income and was unrelated to Shri N. Balakrishna's role as a partner.Analysis of Arguments: The assessee's counsel argued that the payment to Shri N. Balakrishna was akin to any separate contract for services rendered, not falling under the purview of section 40(b). Reference was made to legal precedents such as the Madras High Court decision in CIT v. Gemini Productions, emphasizing the distinction between firm income and partner payments. Additionally, the counsel highlighted the absence of any clause in the partnership deed restricting Shri N. Balakrishna from receiving remuneration for his artistic services.Judgment: After hearing both parties, the Appellate Tribunal ruled in favor of the assessee. The Tribunal differentiated the case from the Delhi High Court decision in Sanghi Motors, citing the Andhra Pradesh High Court's contradictory stance in CIT v. K. Krishnaiah Chetty & Sons. Ultimately, the Tribunal agreed with the assessee's argument that the remuneration paid to Shri N. Balakrishna did not originate from the firm's income, thus not warranting disallowance under section 40(b).Conclusion: The judgment underscores the importance of distinguishing between payments made to partners in their individual capacities for services unrelated to partnership obligations. It highlights the necessity of establishing a direct link between the payment and the firm's income to invoke the provisions of section 40(b) of the Income-tax Act, 1961.