SCRA & Income Tax
This query is : Resolved
CA S Sundararajan
(Querist)
17 May 2008
Dear Sir,
My client is a licensee of "Depository Participant" as a Sub-broker. For expand the volume of operation, he is willing to convert the Proprietorship in to Partnership firm. But according to SCR Act,1996 and guidelines, only Individual and Company can allow to hold such license.
In such situation, He comes out with following option.
OPTION -1
1. Continue the license as the capacity of Individual
2. Get the Cheque from Broker in his own name and convert the Cheque to Firm's name.
3. Explore the TDS credit from Broker in his name alone.
OPTION-2
1. Continue the license as the capacity of Individual and appoint the other 2 persons as "Technical Managers - Fund" instead of admitting as Partner
2. Offer Salary with Commission on Profit
3. Explore the TDS credit from Broker in his name alone
What is your Suggestion?
My client is a licensee of "Depository Participant" as a Sub-broker. For expand the volume of operation, he is willing to convert the Proprietorship in to Partnership firm. But according to SCR Act,1996 and guidelines, only Individual and Company can allow to hold such license.
In such situation, He comes out with following option.
OPTION -1
1. Continue the license as the capacity of Individual
2. Get the Cheque from Broker in his own name and convert the Cheque to Firm's name.
3. Explore the TDS credit from Broker in his name alone.
OPTION-2
1. Continue the license as the capacity of Individual and appoint the other 2 persons as "Technical Managers - Fund" instead of admitting as Partner
2. Offer Salary with Commission on Profit
3. Explore the TDS credit from Broker in his name alone
What is your Suggestion?
CA Harish Suwalka
(Expert)
23 May 2014
option-2 should be preferred in your case
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