Suresh Sreeram, Bangalore vs. Income Tax Officer, Ward - 3(2)(2), Bangalore
In the result, appeal by the Assessee is allowed
ITA 1605/BANG/2019[2016-17]Status: DisposedITAT Bangalore28 Jan 2021AY 2016-17
Bench: Shri N.V Vasudevan, Vice-Assessment Year : 2016-17
For Appellant: Shri. Narendra Sharma, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Jr. Standing Counsel
Section 14ASection 28Section 37Section 70
…ection 37(1) will have to be allowed even if it does not fall within the ambit of section 67(3) of the Act. Salary paid to a manager by a partner for looking after his interest in the firm stands allowed by the Madras High Court in CIT vs. S. Meyyappan (1969) 73 ITR 20 (Mad). Therefore absence of earning any interest income on capital from the firm is no bar to claim the interest paid on borrowings for the purpose of contributing capital to the firm by the assessee as deductible expenditure. In such an event there would be loss under the head”PGBP” sub- head “interest, salary from the partnership firm” and the as…