audit u/s 44 AB OR NOT

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This query is : Resolved

DARSHAN (Querist)
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27 May 2010 IF ASSESSEE HAS PROFESSION OF PROVIDING CONSULTANCY ENGINEER SERVICE AND IT IS A P'SHIP AND THE PARTNER RECEIVED THE REMUNERATION AND INTEREST FROM P'SHIP OF AMT MORE THAN 10 LACS SO WHETHER PARTNER IS LIABLE FOR CONDUCTIONG AUDIT U/S 44 AB AS PER FINANCE ACT 2009.

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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27 May 2010 As per my opinion, only partnership firm will be liable for conducting audit u/s 44 AB. Because he is getting remuneration and interest which is earned by him carrying business in partnership firm.
Other expert's views are solicited.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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27 May 2010 It is the Sale, Gross Receipt or Turnover from Business or Profession which is to be considered for the purpose of Tax Audit u/s 44AB. Therefore, remuneration and interest from partnership firm will not come under the terms sales,gross receipts or turn over and hence partners account need not be audited under section 44AB.

taxindiaconnect

taxindiaconnect (Expert)
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27 May 2010 Just to confirm the views expressed by My friend BC I would like to add that the following two points

1- It is the revenue of the business which is covered under the provision of section 44AB, Salary and interest received from partnership firm is not direct revenue of business but an distribution of profits generated out of that revenue which is subject to tax audit. The revenue has already been audited in the hands of the firm
2- The partner is not in the a professional as provided in the Act, hence he is not subject to tax audit, even if the income > 10 lac is received by him from the firm.
So I agree with the view expressed by him.

taxindiaconnect

taxindiaconnect (Expert)
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