banner_ad

40b remuneration to partners

Tax queries 519 views 1 replies

 I HAVE A CLIENT AND THE STATUS OF THE CLIENT IS PARTNERSHIP FIRM.

IN THE PARTNERSHIP DEED, THE MONTHLY REMUNERATION TO PARTNERS MENTIONED AS RS.16,000/- TO PARTNERS. HENCE AN AMOUNT OF RS.1,92,000/-(16000*12) DEBITED TO PROFIT & LOSS ACCOUNT.

WHILE COMPUTING THE TAXABLE INCOME, REMUNERATION ALLOWABLE AS PER SEC-40b COMES TO RS.2,80,000/-. 

 

THE FIRM TAKEN REMUNERATION DEDUCTION OF RS.2,80,000/- EVEN THOUGH  THE PROFIT AND LOSS ACCOUNT WAS DEBITED WITH RS.1,92,000/-.

IS THE FIRM CORRECT IN DOING SO?.  PLEASE ADVICE ME IN THIS REGARD.

Replies (1)

No..the said claim of Rs. 280,000/- is not correct as Sec 40b states the maximum permissible partner's remuneration i.e Rs. 280,000 or Rs 192,000 whichever is lower. Hence, Rs. 88,000 will be disallowed by the department in intimation u/s 143(1) unless it escapes their sight.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 02 May 2026
Senior Executive

hitesh chandwani & co

Pune

B.Com

View Details
Company
Featured 29 April 2026
Manager- Finance and Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
Featured 14 April 2026
GST CONSULTANT

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 13 April 2026
GST CONSULTANCY

Abhishek G Agrawal & Co.

Korba

CA Final

View Details
Company
Featured 28 March 2026
Accountant

Ashok Amol & Associates

New Delhi

B.Com

View Details
Company
Featured 28 March 2026
CA Final

Ashok Amol & Associates

New Delhi

CA Final

View Details
Company
Featured ARTICLESHIP 19 March 2026
Article Assistant

Gupta Sachdeva & Co. Chartered Accountants

New Delhi

CA Final

View Details
Company
Featured 14 March 2026
Associate CA

N N V Satish&co

Hyderabad

CA

View Details