A brand new interpretation is making rounds in the corridors of Revenue. Something which was seen as pretty obvious and neglected has started showing its real form thanks to the two orders passed by the gentleman writing this post. Let us take a situation. A partnership firm has ten lakhs of business profits and is also availing deduction of 100% under section 80-IB of the Income-tax Act, 1961. So, the deduction is ten lakhs and the total income is, therefore, nil. However, the firm, in all its wisdom, has chosen to credit the partner’s capital account by five lakh Rs. as the partner has fifty percent share. Now, the partner claims this five lakhs as exempt under section 10(2A) of the Act. Innocuously correct? Seems so! Let’s examine.

Section 10(2A) of the Act exempts not the share of business profit but the share in total income of the firm. The share in total income of firm in the the instant case is nil as the total income itself is nil. However, the partner has a credit in its capital account of five lakhs Rs. Zero is the amount whic is exempt and hence the entire five lakhs is the income of the partner. And this interpretation is further supported by the explanation below the clause, which clearly distinguishes between share of profit of firm and share in total income of the firm. It is a literal interpretation which cannot be discarded unless the ramifications are manifestly unjust or absurd. Distancing from this literal interpretation will amount to an amendment in the Act itself, which, as far as Assessing Officer is concerned, cannot be done.

And let me tell you friends, this interpretation will do wonders. Best wishes.

P.S. This discovery is not mine.

मेरो मन अनत कहाँ सुख पावै।
जैसे उड़ि जहाज की पंछी, फिरि जहाज पै आवै॥
कमल-नैन को छाँड़ि महातम, और देव को ध्यावै।
परम गंग को छाँड़ि पियासो, दुरमति कूप खनावै॥
जिहिं मधुकर अंबुज-रस चाख्यो, क्यों करील-फल भावै।
‘सूरदास’ प्रभु कामधेनु तजि, छेरी कौन दुहावै॥

My mind is like a bird sitting on a ship in the sea. It files here and there but comes back again to that ship. Except Shyam Krishna, where else will my mind find happiness! Leaving that lotus-eyed Shri Hari, why should I worship other God! It will be only the most foolish person who will dig a well, leaving the most sacred Ganga! If a bumblebee has drunk the nectar of lotus, will it ever go to other flower! Soordas says, leaving the Kamdhenu, the Shyam Krishna, should I milk some other animal!

आछो गात अकारथ गार्‌यो।
करी न प्रीति कमललोचन सों, जनम जनम ज्यों हार्‌यो॥
निसदिन विषय बिलासिन बिलसत फूटि गईं तुअ चार्‌यो।
अब लाग्यो पछितान पाय दुख दीन दई कौ मार्‌यो॥
कामी कृपन कुचील कुदरसन, को न कृपा करि तार्‌यो।
तातें कहत दयालु देव पुनि, काहै सूर बिसार्‌यो॥

O Lord, every fallen person got elevated by your mercy. That’s why everyone calls You kind and merciful. Then, why Shri Hari, You have forgotten this Soordas.

You open up any page of Gita, read any verse, and you will feel indescribable feelings. Today morning, I just turned one page, it was chapter nine, verse 30. Just have a look at it.

api cet su-duracaro
bhajate mam ananya-bhak
sadhur eva sa mantavyah
samyag vyavasito hi sah

Even if one commits the most abominable actions, if he is engaged in devotional service, he is to be considered saintly because he is properly situated.

Lord Krishna gives such a relief to persons who are the most fallen. He consoles that it is never too late. No matter how much fallen you are, how much abominable deeds you have committed, if you start devotion in a single minded fashion, i.e. ananya bhava, then you will be considered as a sadhu, a saintly person. Realize very clearly, that it is a statement spoken by none other than the Bhagvan Himself.

जनम अकारथ खोइसि
रे मन, जनम अकारथ खोइसि।
हरि की भक्ति न कबहूँ कीन्हीं, उदर भरे परि सोइसि॥
निसि-दिन फिरत रहत मुँह बाए, अहमिति जनम बिगोइसि।
गोड़ पसारि परयो दोउ नीकैं, अब कैसी कहा होइसि॥
काल जमनि सौं आनि बनी है, देखि-देखि मुख रोइसि।
सूर स्याम बिनु कौन छुड़ाये, चले जाव भई पोइसि॥

O mind, listen, you have wasted this life without any achievement. Oh, you have completely wasted it. Never ever you had any devotion for Shri Hari. Always engaged in eating and sleeping,always roaming around with great ego, you have wasted the life completely. Now, the death time has come, what will you get by crying. Come, come along with me to Shyam Krishna, He only will save you.

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