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    <title>1968 (8) TMI 41 - KERALA High Court</title>
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    <description>Interest paid by a firm on borrowings linked to a business run through a partner was held outside deduction because section 10(4)(b) of the Income-tax Act, 1922 bars any allowance for interest paid by a firm to a partner. The language of the provision was treated as plain and not limited to payments made to a partner only in the capacity of partner; the argument that the recipient was acting in another capacity was rejected. It was also noted that the Bombay concern had become an independent business after dissolution of the Bombay branch, so its borrowings could not be treated as borrowings of the assessee-firm. The interest was therefore not deductible.</description>
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    <pubDate>Wed, 14 Aug 1968 00:00:00 +0530</pubDate>
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      <title>1968 (8) TMI 41 - KERALA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=7453</link>
      <description>Interest paid by a firm on borrowings linked to a business run through a partner was held outside deduction because section 10(4)(b) of the Income-tax Act, 1922 bars any allowance for interest paid by a firm to a partner. The language of the provision was treated as plain and not limited to payments made to a partner only in the capacity of partner; the argument that the recipient was acting in another capacity was rejected. It was also noted that the Bombay concern had become an independent business after dissolution of the Bombay branch, so its borrowings could not be treated as borrowings of the assessee-firm. The interest was therefore not deductible.</description>
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      <pubDate>Wed, 14 Aug 1968 00:00:00 +0530</pubDate>
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