1990 (11) TMI 55

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....n 256(2) of the Income-tax Act, 1961, the following question is referred: "Whether, on the facts and in the circumstances of the case, the remuneration paid to the partners could, in law, validly be directed to be excluded from the allocation of the firm's income in the hands of the partners on the ground that the remuneration was paid to the karta in his personal capacity ?." The assessee i....

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....missioner agreed with the said contention and made a direction accordingly. Thereupon, the matter was carried to the Tribunal in appeal which was dismissed. It must be remembered that the assessee herein is a firm. The firm paid certain amounts to its partners by way of salary. There could have been a proper controversy whether the said amount paid by way of salary should be disallowed under cl....