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Business Expenses Fully Allowable When Assessee Is Active Partner & Proprietor – Disallowance Struck Down

Case Law Details

TaxGuru Citation
2025 taxguru.in 9717
Case Name
Bharatbhai Dahyabhai Patel Vs DCIT (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2016-17
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Bharatbhai Dahyabhai Patel Vs DCIT (ITAT Ahmedabad)

No Basis for Proportionate Disallowance – Tribunal Allows Entire Business Expenditure

Assessee is a civil contractor & also a partner in multiple partnership firms. He filed return declaring income of ₹26,76,660. During the year, there was no civil contract income, but he earned remuneration, interest on capital & share of profit from partnership firms. He claimed business expenses of ₹10,83,194 against such income. The case was selected in CASS to verify “excess expenses claimed against remuneration”. AO held that Assessee earned remuneration only from one firm, while expenses were relatable to all firms in which he was a partner including those generating exempt share of profit. AO held that only proportionate expenses were allowable & disallowed ₹9,99,872.

CIT(A) upheld the disallowance by holding that expenses relatable to firms where Assessee earned exempt share of profit cannot be allowed. CIT(A) observed that Assessee earned remuneration from only one firm but claimed expenses related to all firms, hence only specific expenses related to that firm were allowable.

Before Tribunal, Assessee submitted that he was a sole proprietor of M/s Almitee Construction & also an active working partner in two firms, not one. He had incurred expenses wholly & exclusively for his proprietary business & for the firms where he was actively involved. He earned remuneration from two firms & profit from both. It was argued that AO wrongly assumed only one working partnership & proportionately disallowed business expenses without any finding that expenses were not genuine or not incurred for business.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

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