Income Tax

Compensation paid to retiring partner on family settlement allowed as deduction to firm

Compensation paid to retiring partner consequent to family settlement-Deduction allowed as capital of firm was kept intact and business was continued by other coparceners  partners.

ABCAUS Case Law Citation:
ABCAUS 2466 (2018) 08 ITAT

The instant appeal was filed by the assessee directed against CIT(A)’s order in sustaining the disallowance for compensation paid to retiring partner

The assessee was a partnership firm. The business of the partnership firm was a family business and the members of Hindu Undivided Family (HUF) were the partners in the firm.

One of the partners willingly retired from the partnership firm and his share in the capital asset of the firm and profit till retirement was paid to him consequent to a family settlement.

However, the Assessing Officer found that the same cannot be allowed as business expenditure while computing the taxable income of the assessee. Accordingly, the AO added the same to the income.

The CIT(A) confirmed the addition made.

The Tribunal opined that under normal circumstances, when the asset of the firm was distributed to the partners on retirement, it is liable for capital gain tax under Section 45 of the Income-tax Act, 1961 (Act). However, in the instant case, there was a family settlement by which all the coparceners agreed to pay to the retiring partner and his mother. This family settlement was to protect the family business among the coparceners of the Hindu Undivided Family. Therefore, there was no transfer of capital asset, hence, it is not taxable for capital gain tax.

The Tribunal further observed that it was not a payment made towards business expenditure or towards royalty, but it was only a distribution of asset of the partnership firm on retirement of the partner due to family settlement. Since the business and its assets were kept by the coparceners intact, retiring partner and his mother were compensated. Therefore, even though it cannot be construed as expenditure for business or for royalty, certainly it was a division / distribution of partnership firm’s asset by way of paying compensation to partners.

The Tribunal opined that since the capital of the assessee was kept intact and the business was continued by other coparceners / partners, the payment made consequent to family settlement, was allowable / deductible while computing the taxable income of the firm.

Accordingly, the orders of both the authorities below were set aside and the disallowance made by the Assessing Officer as confirmed by the CIT(Appeals) was deleted.

Download Full Judgment Click Here >>

Share

Recent Posts

  • Income Tax

Even in case of bogus purchases, entire purchases cannot be disallowed – ITAT

Even if, the assessee is engaged in the bogus purchases, the entire purchases cannot be disallowed - ITAT In a…

13 hours ago
  • SEBI

Order to stock broker by WhatsApp are legally verifiable record – SEBI

Order to stock broker through WhatsApp may be considered as legally verifiable record - SEBI SEBI in an informal guidance…

19 hours ago
  • ICAI

ICAI Guidance Note on Audit of Banks, 2025 Edition

ICAI Guidance Note on Audit of Banks 2026 Edition ICAI has issued 2025 edition of the Guidance Note on Audit…

20 hours ago
  • Empanelment

NHIDCL is hiring CA/CMA and others as Young Professionals. Last date – 14.04.2026

NHIDCL is hiring CA/CMA and others as Young Professionals – Last date to apply is 14.04.2026 The National Highways and…

1 day ago
  • Income Tax

Income Tax Rules 2026 notified by CBDT

Income Tax Rules 2026 notified by CBDT. CBDT has issued Notification No. 22/2026 dated 20.03.2026 to notify the Income-tax Rules,…

1 day ago
  • Income Tax

Absence of irrevocability clause no ground for rejecting registration u/s 12AB

Absence of an explicit irrevocability clause in trust deed no ground for rejecting application for registration or renewal under section…

2 days ago