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 >>

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

Notice u/s 148 quashed as it was issued by Jurisdictional AO not by Faceless AO

Reopening notice u/s 148 and order u/s 148A(d) quashed as it was issued by Jurisdictional AO and not by a…

7 hours ago
  • Income Tax

Wrong amount of income accumulation mentioned in Form-10 due to clerical error

Wrong amount of income accumulation mentioned in Form-10 due to clerical error - ITAT deleted addition made by AO  In…

8 hours ago
  • GST

Finding of intent to avoid tax payment must be reversed before allowing appeal – HC

Once a finding of intent to avoid payment of tax recorded, the appellate authority before allowing appeal bound to reverse…

1 day ago
  • ICAI

Empanelment of ICAI Exam observer for September/November 2024 Examinations

Empanelment to act as ICAI exam observers for September / November 2024 CA Examination. Last date to apply is 10.08.2024…

1 day ago
  • Income Tax

CBDT extends cut off date for investment by Sovereign Wealth Funds/Pension Funds

CBDT extends cut off date for investment by Twelve sovereign wealth funds / Pension Funds from 31st March 2024 to…

2 days ago
  • Income Tax

HC dismissed appeal against inadequacy of sentence in income tax prosecution cases

Appeal against inadequacy of sentence passed by special court in income tax prosecution cases dismissed by High Court  In a…

3 days ago