1990 (1) TMI 141 - AT - Income Tax

ITAT rules interest paid to partner's HUF not disallowable under Section 40(b) for AY 1981-82

KV. Somasundaram Chettiar And Sons. Versus Income-Tax Officer.

The Appellate Tribunal ITAT MADRAS-B ruled in favor of the assessee, holding that the disallowance of interest paid to the partner representing the Hindu ... Estate Duty, Interest In Property Issues: Disallowance of interest paid to partner representing HUF under Sec. 40(b) for assessment year 1981-82. Interpretation of case law and circulars regarding disallowance of interest paid to HUF.In the judgment by the Appellate Tribunal ITAT MADRAS-B, the main issue revolved around the disallowance of interest paid to the partner representing the Hindu Undivided Family (HUF) under Section 40(b) for the assessment year 1981-82. The Income Tax Officer (ITO) and the Appellate Assistant Commissioner (AAC) agreed that the interest paid on funds belonging to the HUF was hit by the provisions of Sec. 40(b). However, the assessee contended that the disallowance was not justified, citing the decision of the Madras High Court in Venkatesh Emporium v. CIT [1982] 137 ITR 593, which clarified that interest paid to the HUF should not be treated as interest paid to the partner. The assessee relied on previous cases and sought to dispose of the matter based on the merits of the decision.The Madras High Court had previously dismissed a reference application regarding a similar issue, emphasizing that interest paid to a HUF creditor of the assessee-firm should not be disallowed under section 40(b) as interest paid to the karta of the HUF. The Court referred to various decisions and circulars to support this interpretation. The departmental representative argued that in some cases, interest paid to the karta on individual funds was also disallowed, but the Tribunal's decisions were based on the clarificatory amendment introduced by the Taxation Laws (Amendment) Act, 1984. The Tribunal considered the intention behind the amendment and the interpretations of different High Courts, concluding that the disallowance of interest paid to the partner representing the HUF was not warranted in this case.Ultimately, the Appellate Tribunal allowed the appeal, ruling in favor of the assessee and holding that the disallowance of interest paid to the partner was not justified under the circumstances presented.