|QUERY:||In case of a Partnership firm, the assets revalued and the amount was credited to the capital account of the partners. After few months, one of the partners retired and the firm paid the amount which was standing to the Capital Account (after revaluation) of the retiring partner. Mumbai ITAT in the case of Sudhaker M. Shetty has taken the view that amount received on retirement is taxable in the hands of partner. What is your view in this matter? There are various judgments wherein it is held that, amount received by partner on retirement is not liable to tax.
(i) Addl. CIT v. Mohanbhai Panabhai [165 ITR 166 (Guj.)(HC)]
(ii) Tribhovandas G. Patel v. CIT [236 ITR 515 (SC)]
(iii) Prasant S. Joshi v. ITO [324 ITR 154 (Bom)(HC)
|ANSWER:||Click here to read the full answer of the expert|
|EXPERT:||CA. H. N. Motiwalla|
|CATCH WORDS:||capital gains, partnership firm, Revaluation|
The manner of settlement of account may decide liability. In Sudhakar M. Shetty v. ACIT [130 ITD 197 (Mum)], the retirement deed conveyed interest in immovable property and after retirement he had no interest over the assets of the firm.