1994 (2) TMI 123 - AT - Income Tax

Tribunal Upholds Commissioner's Decision on Tax Appeal, Clarifies Trust Payments and Goodwill Calculation

Deputy Commissioner Of Income-Tax. Versus Gowra Pharmaceuticals.

Deputy Commissioner Of Income-Tax. Versus Gowra Pharmaceuticals. - ITD 050, 619, TTJ 050, 058, Issues:1. Deletion of addition of payments made by the assessee to M/s. Gowra Trust.2. Disallowance of interest payment by the Income-tax Officer.3. Disallowance under section 40A(2a) and section 40(b).4. Applicability of section 40(b) to payment of interest by the assessee-firm to the trust.5. Computation of goodwill and its reasonableness.Detailed Analysis:1. The appeal was against the deletion of an addition of payments made by the assessee to M/s. Gowra Trust. The assessee, a registered firm, had taken over the business from the trust for a substantial consideration. The Income-tax Officer disallowed the interest payment on the grounds of extra-commercial consideration and potential tax evasion scheme. However, the Commissioner of Income-tax (Appeals) found the payment of interest and computation of goodwill reasonable and in line with commercial practices, ultimately deleting the addition.2. The Income-tax Officer disallowed the interest payment on the substantial sum transferred from the trust to the firm, citing extra-commercial motives and potential income diversion. The Commissioner of Income-tax (Appeals) disagreed, finding the interest payment genuine and in line with commercial practices. The provisions of section 40A(2a) and section 40(b) were invoked by the Income-tax Officer for disallowance, but the Commissioner of Income-tax (Appeals) ruled in favor of the assessee, stating that the interest payment was not hit by section 40(b).3. The applicability of section 40(b) to the payment of interest by the assessee-firm to the trust was challenged. The Tribunal held that section 40(b) applies to payments made by a firm to its partners, not to a trust. The Tribunal also noted that the interest payment to the trust was allowed in the previous assessment year, and there was no new material to warrant a different view for the current assessment year.4. The computation of goodwill at a substantial amount was questioned, alleging extra-commercial considerations due to common beneficiaries between the trust and the firm. The Commissioner of Income-tax (Appeals) found the computation of goodwill reasonable, based on the capacity of the business to earn future profits. The Tribunal upheld the decision, emphasizing that goodwill is paid for the potential to earn profits in the future, not just past performance.In conclusion, the Tribunal dismissed the appeal, upholding the decisions of the Commissioner of Income-tax (Appeals) regarding the deletion of the addition of payments made to the trust, the reasonableness of the interest payment, and the computation of goodwill. The Tribunal clarified the applicability of section 40(b) and emphasized the commercial basis for assessing goodwill.