The Commissioner of Income Tax, vs. M/s. Sri Venkateswara Wines,

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ITTA/216/2010HC TelanganaHBHC01026031201016 November 2010Bench: V.V.S.RAO,RAMESH RANGANATHAN2 pages
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What did the High Court hold?

The High Court held that the issue of deductibility of salary and interest paid to partners in the context of a partnership business operating under a liquor license was squarely covered by a previous Division Bench decision of the same Court in The Commissioner of Income Tax v M/s.Swarna Bar & Restaurant (ITTA Nos.613 of 2006 and batch, dated 09.9.2010). Following the precedent set in Swarna Bar & Restaurant, the Court allowed the appeals filed by the Revenue. The reasoning was that the conclusion in Swarna Bar & Restaurant directly applied to the facts and legal issues presented in these appeals. Consequently, the impugned orders of the Income Tax Appellate Tribunal were set aside. The Court did not expressly leave any issue undecided. The ratio decidendi is that if a prior Division Bench decision of the High Court directly covers the issues raised, subsequent appeals on identical matters must follow that precedent.

What were the facts?

The assessees, M/s. Urvasi Bar & Restaurant and others, were granted licenses under the Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970, and the Andhra Pradesh Excise Act, 1968, to conduct retail liquor businesses. They commenced their businesses by forming partnership firms, either before or after obtaining the licenses. In their income tax returns for the relevant assessment years, the assessees claimed deductions for salary and interest paid to their partners. The Assessing Officer disallowed these deductions, relying on the Supreme Court's decision in Biharilal Jaiswal v Commissioner of Income Tax. The assessees appealed to the Income Tax Appellate Tribunal and were successful. The Revenue has filed these appeals under Section 260A of the Income Tax Act, 1961, challenging the Tribunal's orders.

What were the issues?

1. Whether the assessees were entitled to claim deduction in respect of salary paid to partners, as a question of law arising under Section 37 of the Income Tax Act, 1961. The assessee contended that salary paid to partners is a legitimate business expenditure deductible under Section 37. The Revenue contended that following the Supreme Court's decision in Biharilal Jaiswal v Commissioner of Income Tax, such salary is not deductible. 2. Whether the assessees were entitled to claim deduction in respect of interest paid to partners, as a question of law arising under Section 36(1)(iii) of the Income Tax Act, 1961. The assessee contended that interest paid to partners is deductible. The Revenue contended that, similar to salary, interest paid to partners is not deductible based on the Biharilal Jaiswal judgment.

Which sections of the Income-tax Act were involved?

Section 260A,Section 37,Section 36(1)(iii)

AI-generated summary — verify with the full judgment below

THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN

I.T.T.A.Nos.116, 145, 199, 216, 228, 442, 453, 463, 469, 475, 476 and 487 of 2010

November 16, 2010

Between: The Commissioner of Income Tax, Vijayawada … Appellants

And

M/s.Urvasi Bar & Restaurant, Vijayawada And others ... Respondents

THE HON’BLE SRI JUSTICE V.V.S.RAO AND

THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN I.T.T.A.Nos.116, 145, 199, 216, 228, 442, 453, 463, 469, 475, 476 and 487 of 2010

COMMON JUDGMENT: (per Hon’ble Sri Justice V.V.S.Rao) In all these cases the assessees were granted a licence under Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 and Andhra Pradesh Excise Act, 1968. The licence enabled the assessee to carry on trade in retail liquor business. The assessees commenced their respective business by forming a partnership firm with others. Such firm was constituted either before or after obtaining the licence.

In the income tax returns, for the relevant year, the assessees claimed deduction in respect of the salary and interest paid to the partners. The assessing officer, following the judgment of the Supreme Court in Biharilal Jaiswal v Commissioner of Income Tax[1], disallowed the deduction. The assessees were, however, successful before the Income Tax Appellate Tribunal. The Revenue has now come forward with these appeals under Section 260A of the Income Tax Act, 1961.

The question whether the assessee was entitled to claim deduction of salary and interest paid to partners in the returns was considered by a Division Bench of this Court in The Commissioner of Income Tax v M/s.Swarna Bar & Restaurant[2]. There is no dispute that the conclusion therein squarely covers the l i s in these cases. Following the same, the appeals have to be allowed. Accordingly the appeals filed by the Revenue are allowed, and the impugned orders of the Income Tax Appellate Tribunal are set aside. No costs.

________________ (V.V.S. RAO, J)

_______________________________ (RAMESH RANGANATHAN, J) November 16, 2010 YS [1] (1996) 217 ITR 746 [2] ITTA Nos.613 of 2006 and batch, dated 09.9.2010

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