AO held that since quantum of remuneration had not been stated in partnership deed, which was mandatory condition remuneration paid to partner was disallowed by the AO which was confirmed by the CIT(A). On appeal the Tribunal held that S.40(b)(v) provides is that in case payment of remuneration made to any working partner is in accordance with terms of partnership deed and does not exceed aggregate amount as laid down in subsequent portion of section, deduction is permissible. On fact partnership Deed specifically provided that salary/remuneration was to be computed as per S. 40(b)(v) of the Act. Accordingly harmoniously interpreting provisions of S. 40(b)(v) as well as clauses of partnership deed, claim of remuneration paid to partners was to be allowable. (AY. 2014-15)
Unitec Marketing Services. v. ACIT (2019) 175 ITD 90 (Mum.) (Trib.)
S. 40(b)(v) : Amounts not deductible–Partner–Remuneration– Book profit-Despite quantum not specified in partnership deed remuneration paid to partners is held to be allowable.