Trinity's Ciearing & Shipping Agencies, Chennai V. ITO, Non-Corporate Ward 12(3), Chennai

ITA 2122/CHNY/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 5725 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 31-08-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL

Judgement Text

ITA NOS. 2121 & 2122/MDS/2017 5 PARTNERSHIP DEED AND RELATES TO ANY PERIOD FALLING AFTER THE DATE OF SUCH PARTNERSHIP DEED IN SO FAR AS THE AMOUNT OF SUCH PA YMENT TO ALL THE PARTNERS DURING THE PREVIOUS YEAR EXCEEDS THE AGGRE GATE AMOUNT COMPUTED AS HEREUNDER : (A) ON THE FIRST RS. 3,00,000 OF THE BOOK PROFIT OR IN CASE OF A LOSS RS. 1,50,000 OR AT THE RATE OF 90 PER CENT. OF THE BOOK PROFIT, WHICHEVER IS MORE ; (B) ON THE BALANCE OF THE BOOK PROFIT AT THE RATE OF 60 PER CENT. : 5. FROM THE ABOVE PROVISION, IT CAN BE SEEN THAT WH ERE AN ASSESSEE IS A PARTNERSHIP FIRM, ANY PAYMENT OF SALARY, BONUS, COM MISSION OR REMUNERATION TO ITS PARTNERS UNDER CERTAIN CIRCUMST ANCES, IF IT EXCEEDS THE LIMITS SET OUT IN CLAUSE B, DEDUCTION TO THE EX TENT OF EXCESS CANNOT BE CLAIMED. IN THE PRESENT CASE, SUCH CEILING IS PRESC RIBED IN TWO SLABS. ON THE FIRST RS. 30 LAKHS ON THE BOOK PROFIT OR IN CAS E OF LOSS SUCH CEILING IS RS. 1,50,000 OR 90 PER CENT. OF THE BOOK PROFIT, WH ICH EVER IS MORE. ON THE BALANCE OF THE BOOK PROFIT SUCH CEILING PRESCRI BED IS AT 60 PER CENT. 6. THE QUESTION, THEREFORE, ARISES WHETHER THE INTE REST INCOME EARNED BY THE ASSESSEE-FIRM FROM THE FIXED DEPOSIT RECEIPTS S HOULD BE IGNORED FOR THE PURPOSE OF WORKING OUT THE BOOK PROFIT TO ASCER TAIN THE CEILING OF THE PARTNERS' REMUNERATION. 7. THE TRIBUNAL HAS PROCEEDED ON THE BASIS THAT FOR THE PURPOSE OF ASCERTAINING SUCH CEILING ON THE BASIS OF BOOK PROF IT, THE PROFIT SHALL BE IN THE PROFIT AND LOSS ACCOUNT AND IS NOT TO BE CLASSI FIED IN THE DIFFERENT HEADS OF INCOME UNDER SECTION 40 OF THE ACT. THE IN TEREST INCOME, THEREFORE, CANNOT BE EXCLUDED FOR THE PURPOSES OF D ETERMINING THE ALLOWABLE DEDUCTION OF REMUNERATION PAID TO THE PAR TNERS UNDER SECTION 40B OF THE ACT.