salary to partners

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SACHIN JAIN (Querist)
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24 December 2007 On completion of assessment of partnership firm an addition of Rs. 150000 has been made. Can the partners claim higher remuneration as per the enhanced book profit after assessment. What is the procedure for that and whether the assessmentof partners will be reopened or it can be done u/s 154

Late CA Sampat Jain

Late CA Sampat Jain (Expert)
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25 December 2007 Remuneration is allowable to partners as per Terms of of the partnership deed . But the same is subject to maximum as per Income Tax Act . The limit in the Act is on the basis of Book Profit

SACHIN JAIN

SACHIN JAIN (Querist)
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25 December 2007 Nature of addition is Rs. 100000/- agreed surrender of stock and Rs. 50000/- on account of expenses.

CA. O.P. Agarwalla

CA. O.P. Agarwalla (Expert)
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25 December 2007 It is not advisable in general.

Late CA Sampat Jain

Late CA Sampat Jain (Expert)
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25 December 2007 The definition of book profit for calculating maximum remuneration to partners is as follows:
Explanation 3.—For the purposes of this clause, “book-profit” means the net profit, as shown in the profit and loss account for the relevant previous year, computed in the manner laid down in Chapter IV-D as increased by the aggregate amount of the remuneration paid or payable to all the partners of the firm if such amount has been deducted while computing the net profit.

SACHIN JAIN

SACHIN JAIN (Querist)
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26 December 2007 Book profit as per explanation to Sec 40 (b) is the profit as determined according to Chapter IV-D. The ITO is also duty bound to complete assessment as per The Income Tax Act. By assessing my income he is also preparing the true and coorect income according to I.T. Act. As per my view, assessed income is the book profit what he is deriving after assessment

SACHIN JAIN

SACHIN JAIN (Querist)
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26 December 2007 The ITO Can not deprive me from the deductions which are provided by the Act. He has to find out the correct assessable income as per the Act after providing the deductions which have not either claimed by the assessee.

CA Balram Sharma

CA Balram Sharma (Expert)
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31 October 2009 HI SACHIN,
IT'S NOT POSSIBLE TO ALLOW ADDIONAL REMUNERATION TO PARTNER,

ACCORDING TO INCOM TAX ACT, REMUNARATION ALLOWED ONLY IT PROVIDE IN DEED,
HOWEVER RETROSPECTIVE CHANGES ALSO NOT ALLOWED

CA Balram Sharma

CA Balram Sharma (Expert)
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31 October 2009 FURTHER RECTIFICATION U/S 154 IS ALLOWED ONLY IF IT'S MISTAKE APPERENT TO RECORD,

HOWEVER THERE IS NO MISTAKE APPERENT TO RECORD SO RECTIFICATION IS NOT POSSIBLE

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