Interests on capital account allowed on daily basis not on opening/ closing balance – ITAT

Interests on capital account has to be calculated on daily product basis not on opening or closing balance of financial year – ITAT

ABCAUS Case Law Citation
ABCAUS 3636 (2023) (01) ITAT

In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the disallowance made by the Assessing Officer (AO) u/s 40(b) of the Income Tax Act, 1961 (the Act) on account of payment of excess interest to the partner of the firm.

The assessee was a partnership firm. The case of the firm was selected for scrutiny through CASS. During the scrutiny assessment, the AO raised queries about the payment of interest on capital account of the partners.

The assessee had calculated the interest on capital accounts of the partners on daily product basis whereas the AO was of the view that interest under section 40(b)(iv) read with clauses of the partnership firm allowed interest payment to the partners on the credit balance in the capital account as on 31st March of the financial year concerned.

The AO disallowed the part interest payment on account of excess payment by calculating interest on the credit balance in the capital account as on 31st March as against the claim of the assessee for interest payment on the capital account of partners on the basis of the actual period of credit balances in the respective accounts during the year under consideration.

Aggrieved by the order of the Assessing Officer, the assessee filed the appeal before the CIT(A) but could not succeed on this issue.

The Tribunal observed that the relevant clause of the partnership deed provided that interest on capital accounts shall be payable to the partners on the amount outstanding to the credit of the account of the partners. As per deed. such interest was to be calculated and credited to the account of each partner at the close of the accounting year.

The Tribunal opined that the clause stating that interests shall be calculated and credited to the account of the each partner at the close of the accounting year meant that the interest will be credited only at the end of the accounting year / financial year and did not mean that the interest will be calculated on the credit balance in the capital account at the end of the accounting year. 

Interests on capital account has to be calculated on daily product basis 

The Tribunal further stated that even otherwise the interests on the credit balance in the capital account has to be calculated on the actual duration of the credit remains in the capital account and not on opening or closing day of financial year. In such a case, if a partner keeps a credit balance on the opening day but subsequently withdraws the amount then payment of interest on the  opening  balance  will  not  be  proper  and  justified. 

The Tribunal held that the approach of the Assessing Officer in calculating the interest by considering only the closing balance as on the end of the financial year was not proper and justified.

Accordingly, the ITAT deleted the disallowance made by the AO on account of excess payment of interest to the partners and allowed the relevant ground in favour of the assessee.

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