Assessee is a partner in partnership firm of 50 per cent in profit and loss. During year, assessee claimed exemption on profit received from partnership firm under section 10(2A). Assessing Officer held that although in relevant year there was profit in partnership firm but after setting off brought forward losses from previous year, total income was NIL and, therefore, distributable profit of firm was also NIL. The AO disallowed the claim. Tribunal held that though as per income tax, there was no distributable profits but in real theory partnership firm had earned profit in relevant year against which losses of previous year was set off. Assessee had not got any undue benefits and was eligible to claim to exemption under section. (AY. 2018-19)
Davalagiri Property Developers (P.) Ltd. v. DCIT (2023) 199 ITD 416 (Bang) (Trib.)
S. 10(2A) : Share income of partner- No distributable profits-Partnership firm had earned profit-Partner is eligible to claim exemption.