The Commissioner of Income Tax, Vijayawada vs. M/s Metro Wines

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ITTA/463/2010HC TelanganaHBHC01036142201016 November 2010Bench: V.V.S.RAO,RAMESH RANGANATHAN2 pages
AI SummaryAllowed

What did the High Court hold?

The High Court held that the issue of whether assessees were entitled to claim deduction for salary and interest paid to partners 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 that case, the High Court found that the appeals filed by the Revenue had to be allowed. The reasoning was that the conclusion in the Swarna Bar & Restaurant case directly applied to the facts and legal questions presented in these appeals. Consequently, the High Court allowed the appeals filed by the Revenue and set aside the impugned orders of the Income Tax Appellate Tribunal. No costs were awarded.

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, represented by the Commissioner of Income Tax, Vijayawada, filed these appeals before the High Court against 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(1) of the Income Tax Act, 1961, read with the relevant partnership provisions. 2. Whether the assessees were entitled to claim deduction in respect of interest paid to partners, as a question of law arising under Section 37(1) of the Income Tax Act, 1961, read with the relevant partnership provisions. Assessee's Contentions: The assessees contended that the salary and interest paid to partners were legitimate business expenses incurred for the purpose of carrying on their trade, and therefore, deductible under Section 37(1) of the Income Tax Act, 1961. They were successful before the Income Tax Appellate Tribunal. Revenue's Contentions: The Revenue contended that, following the Supreme Court's judgment in Biharilal Jaiswal v Commissioner of Income Tax, such deductions were not permissible. The Revenue has filed these appeals challenging the Tribunal's decision.

Which sections of the Income-tax Act were involved?

Section 37(1),Section 260A

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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