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    <title>1981 (7) TMI 36 - MADRAS High Court</title>
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    <description>The High Court of Madras ruled in favor of the assessee-firm, overturning the disallowance of interest payments made to a partner under section 40(b) of the Income Tax Act, 1961. The court found that since the interest was paid to the joint family and not directly to the partner, the disallowance was not justified. The court rejected the argument that the account related to a Hindu Undivided Family (HUF) was not clear, noting that the department itself treated the interest as HUF income in a previous order. As a result, the disallowance under section 40(b) for the assessment years 1971-72 and 1972-73 was deemed incorrect.</description>
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    <pubDate>Wed, 29 Jul 1981 00:00:00 +0530</pubDate>
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      <title>1981 (7) TMI 36 - MADRAS High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=29489</link>
      <description>The High Court of Madras ruled in favor of the assessee-firm, overturning the disallowance of interest payments made to a partner under section 40(b) of the Income Tax Act, 1961. The court found that since the interest was paid to the joint family and not directly to the partner, the disallowance was not justified. The court rejected the argument that the account related to a Hindu Undivided Family (HUF) was not clear, noting that the department itself treated the interest as HUF income in a previous order. As a result, the disallowance under section 40(b) for the assessment years 1971-72 and 1972-73 was deemed incorrect.</description>
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      <pubDate>Wed, 29 Jul 1981 00:00:00 +0530</pubDate>
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