44 ad and partnership income after salary and interest

Page no : 2

S ELAVARASI (ACCOUNTANT) (2975 Points)
Replied 31 October 2017

Dear Mr. Dhirajlal Rambhia Sir.,

 

 

Originally posted by : Dhirajlal Rambhia

Yes, to partners' capital accts.

It's means, Cannot take as Remuneration and Interest.... Only transfer to Capital account as per share then they can Draw the amount...... It's not partners Income...


S ELAVARASI (ACCOUNTANT) (2975 Points)
Replied 31 October 2017

In case A partner ll only deal this business then how he file his ITR (Individual)...

1 Like

S ELAVARASI (ACCOUNTANT) (2975 Points)
Replied 31 October 2017

Sir.,

Also above view and sec (AY 17-18) Can't take Remuneration and Interest without "Tax Audit"....??!!


Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (193922 Points)
Replied 31 October 2017

Originally posted by : S ELAVARASI
In case A partner ll only deal this business then how he file his ITR (Individual)...

 

No taxable income in the hands of partners distributed from the firm.....


Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (193922 Points)
Replied 31 October 2017

Originally posted by : S ELAVARASI
Sir.,

Also above view and sec (AY 17-18) Can't take Remuneration and Interest without "Tax Audit"....??!!

 

Only when firm declare profits u/s. 44AD........

Otherwise the deduction u/s. 40(b) admissible......

2 Like


RAJA P M ("Do the Right Thing...!!!")   (128101 Points)
Replied 31 October 2017

My dear Dhirajlal Sir.,

 

I got notifications just 7min & 9min attending this forum by you...

But, No more reply here Sir...!!!

1 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (193922 Points)
Replied 31 October 2017

Site or pages getting held up (so many times)........... get them back only after gap of about 5 minutes or so.....

1 Like

nvp (CA Practice ) (38 Points)
Replied 31 October 2017

Thanks Dhiraj sir for your promt replies

2 Like

RAJA P M ("Do the Right Thing...!!!")   (128101 Points)
Replied 31 October 2017

Originally posted by : Dhirajlal Rambhia
Site or pages getting held up (so many times)........... get them back only after gap of about 5 minutes or so.....

 

But,

Many more time i got the same.....By You Sir.....!!!!


RAJA P M ("Do the Right Thing...!!!")   (128101 Points)
Replied 31 October 2017

Originally posted by : nvp
Thanks Dhiraj sir for your promt replies

 

Dear Mr nvp.,

I'm also get many more Knowledge from Our GREAT My Dear Mr. Dhirajlal Rambhia Sir.....

Who is follw him in CCI they all are get Good experience and Improve their Knowledge...

 

Many More Thanks to Sir....

2 Like


Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (193922 Points)
Replied 01 November 2017

@ S ELAVARASI...........

" Also above view and sec (AY 17-18) Can't take Remuneration and Interest without "Tax Audit"....??!!"

Dear......... I have replied w.r.t. the specific query where the turnover of the firm is above 1 Cr; i.e. liable to tax audit u/s. 44AB...... but below 2 Crs.; so the tax audit not mandatory provided the income is assessed u/s. 44AD........

So, that is just one aspect to the query........... but to your question there is different aspect also.

PART B: Had the limit u/s. 44AB was also 2 Crs. then yes....... partners could draw salary & interest without tax audit........... but that is not possible as per law.

Part C: If the same partners had two partnership firms (may be same partners with same ownership ratio etc.; may be at same office address) but different firms with different PANS........ and if the turnover was divided ......so the data of  each firm would be something like following:

"Turnover - 90  lacs ....... each

Profit before Salary and Interest to Partners - 41.50 lacs (46 %) ........ about

Partner Interest - 11.00 lacs (just as per example)

Salary to partner  - 20.00 lacs (though as per section 40b, not allowable)

Net Profit after Salary and Interest to Partners - 10.50 lacs (12 %)"

In this case each firm can file return without TAX AUDIT.......... under normal assessment (with accounts maintained) conditions and paid tax over just 10.50 lakhs (*2)........

And partners would have declared the accumulated remunerations and interests derived from the firms in their individual ITRs.

1 Like

S ELAVARASI (ACCOUNTANT) (2975 Points)
Replied 01 November 2017

Dear Sir.,

Thank you for the replies. i understood the laws after your all replies.

 

My Questions....

We pay he 8% related tax sec 44AD. Why not we can use the before profit amounts are Ourself...?

The Section allowed all expenditure but why banned remuneration and Interest...? That only my Big doubt......

1 Like

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (193922 Points)
Replied 01 November 2017

"The Section allowed all expenditure but why banned remuneration and Interest...? That only my Big doubt.."

The section did not allow to deduct any expenditures......... and depreciation......... but were deemed to be taken care of by declaration of income under presumptive assessment at just 6 or 8%.

Our FM Arun Jaitley Ji vide finance bill 2016 even removed the interest and remunerations paid before taxation by Omissions of proviso to section 44AD(2).

Read the Amendment of section 44AD.

 In section 44AD of the Income-tax Act, with effect from the 1st day of April, 2017,—

(a)   in sub-section (2), the proviso shall be omitted;
(b)   for sub-sections (4) and (5), the following sub-sections shall be substituted, namely:—
    "(4) Where an eligible assessee declares profit for any previous year in accordance with the provisions of this section and he declares profit for any of the five assessment years relevant to the previous year succeeding such previous year not in accordance with the provisions of sub-section (1), he shall not be eligible to claim the benefit of the provisions of this section for five assessment years subsequent to the assessment year relevant to the previous year in which the profit has not been declared in accordance with the provisions of sub-section (1).
    (5) Notwithstanding anything contained in the foregoing provisions of this section, an eligible assessee to whom the provisions of sub-section (4) are applicable and whose total income exceeds the maximum amount which is not chargeable to income-tax, shall be required to keep and maintain such books of account and other documents as required under sub-section (2) of section 44AA and get them audited and furnish a report of such audit as required under section 44AB.";
(c)   in the Explanation, in clause (b), in sub-clause (ii), for the words "one crore rupees" occurring at the end, the words "two crore rupees" shall be substituted.
1 Like

RAJA P M ("Do the Right Thing...!!!")   (128101 Points)
Replied 01 November 2017

Thank you for the reply Sir...


RAJA P M ("Do the Right Thing...!!!")   (128101 Points)
Replied 01 November 2017

Dear Sir.,

I think today You are very Busy...?!

You just attend this one only...
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