Partner salary disallowance

A partnership firm has given salary to its partners exceeding the allowable limit..One of their partner died during the year. My question is whether excess salary given to the partner who died will also be disallowed...?
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Quick Summary
This discussion addresses the disallowance of partner salaries exceeding the legal limit in a partnership firm, specifically when a partner dies during the financial year. The key question is whether the excess salary paid to the deceased partner is also subject to disallowance. The response clarifies that as per Section 40(b) of the Income Tax Act, any excess salary paid is disallowed and taxed in the firm's accounts, while remaining exempt in the partner's hands. The legal heir or representative is responsible for filing the deceased partner's Income Tax Return.

In the given case assesse is partnership firm and not the partner who died. AS per 40(b), excess portion shall be disallowed and taxed in firm's account. The disallowed portion is exempted in partner's hand while filing his ITR (hence no double taxation). Deceased partner ITR should be filed by his Legal heir/representative. 

Thank you

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