MAYUR WINES,NASHIK vs. NATIONAL FACELESS APPEAL CENTRE, DELHI, DELHI

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ITA 885/PUN/2022Status: DisposedITAT Pune24 May 2023AY 2017-183 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the Income Tax Act does not mandate the partnership deed to be filed with the return of income for allowing partner's remuneration. Therefore, the disallowance was incorrect.

What were the facts?

The assessee, a partnership firm, claimed remuneration paid to partners. The CPC disallowed this claim in an intimation under Section 154, stating the partnership deed was not uploaded. The NFAC confirmed this disallowance.

What were the issues?

Whether partner's remuneration can be disallowed for non-submission of partnership deed with the return of income. Whether disallowance under Section 154 for non-submission of partnership deed is justified.

Which sections of the Income-tax Act were involved?

Section 154,Section 40(b),Section 143(1)(a)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE

Before: SHRI S. S. GODARA & SHRI INTURI RAMA RAO

For Appellant: Shri Sanket M. Joshi
For Respondent: Shri Ramnath P. Murkunde
Hearing: 23.05.2023Pronounced: 24.05.2023

ORDER

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