The Commissioner Of Income Tax, Vijayawada vs. M/s. Maruthi Wines
What did the High Court hold?
The Tribunal had previously allowed such deductions for similar assessees. Following this precedent and a Division Bench ruling of the High Court, the Revenue's appeals were allowed, and the Tribunal's orders were set aside.
What were the facts?
Assessees, holding liquor licenses, formed partnership firms to conduct retail liquor businesses. They claimed deductions for salary and interest paid to partners in their income tax returns. The Assessing Officer disallowed these deductions, citing a Supreme Court judgment.
What were the issues?
Whether salary and interest paid to partners are deductible expenses for a business conducted through a partnership firm, especially in the context of liquor trade licenses.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Bihari Lal Jaiswal v. CIT35 citing217 ITR 746 · 1996 · SC · Read judgment
- C.C.AIavi Haji v. Palapatty Muhammed16 citing6 SCC 555 · 2007
THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN
ITTA Nos.114, 237 of 2008; 290, 444, 482, 493 and 510 of 2010
Dated:07.12.2010
Between:
The Commissioner of Income Tax, Vijayawada.
…Petitioner and
…Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN
ITTA Nos.114, 237 of 2008; 290, 444, 482, 493 and 510 of 2010 COMMON ORDER: (per Hon’ble Sri Justice V.V.S.Rao) In all these cases the assesses were granted a licence under the Andhra Pradesh Indian Liquor and Foreign Liquor Rules, 1970 and the 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 firms were 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 assesses 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. In all these matters as directed by this Court, notices are taken
out by the Senior Standing Counsel for Income Tax. The postal authorities returned the registered covers with an endorsement “not claimed, addressee left”. Therefore, applying the ratio in C.C.Alavi Haji v Palapetty Muhammed[2] the service of notice on the respondents is treated as deemed service. The question whether the assessee was entitled to claim deduction of salary, and interest paid to the 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[3]. There is no dispute that the conclusion therein squarely covers the l i s in these cases. Following the same, these appeals also 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)
07.12.2010 vs [1] (1996) 217 ITR 746 [2] (2007) 6 SCC 555 [3] ITTA Nos.613 of 2006 and batch, dated 09.9.2010
Recent GST High Court judgments
Search GST case law →- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026
- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026