banner_ad

40b remuneration to partners

Tax queries 524 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
22 May 2026
U.S. Financial Reporting & Consolidation Manager

Karia Overseas

Ahmedabad

CA

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details
Company
18 May 2026
MIS Executive

Primarc Pecan Retail Limited

Mumbai

B.Com

View Details
Company
ARTICLESHIP 28 May 2026
Accounts, Audit & Compliance Executive

Shyam Joshi & Associates

Pune

B.Com

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details
Company
19 May 2026
Article, CA & Paid Assistant Positions

Aggarwal Sarawagi and Co

New Delhi

CA

View Details