Remuneration to partners

Will Partners remuneration be disallowed in the hands of firm if the income tax return filed is beyond the due date mentioned in 139(4) ?

S.184.(5) Notwithstanding anything contained in any other provision of this Act, where, in respect of any assessment year, there is on the part of a firm any such failure as is mentioned in section 144, the firm shall be so assessed that no deduction by way of any payment of interest, salary, bonus, commission or remuneration, by whatever name called, made by such firm to any partner of such firm shall be allowed in computing the income chargeable under the head “Profits and gains of business or profession” and such interest, salary, bonus, commission or remuneration shall not be chargeable to income-tax under clause (v) of section 28.

 

Will this be a hindrance in allowing partner's remuneration for the firm?

Replies (1)

I think , yes, since as per 184(5) there should be no failure as listed u/s 144 for alllowing deduction of Interest/salaray/bonus/commission/remuneration

and 144 lists following failures

 If any person—

(a) fails to make the return required under sub-section (1) of section 139 and has not made a return or a revised return under sub-section (4) or sub-section (5) of that section, or

(b) fails to comply with all the terms of a notice issued under sub-section (1) of section 142 or fails to comply with a direction issued under sub-section (2A) of that section, or

(c) having made a return, fails to comply with all the terms of a notice issued under sub-section (2) of section 143,

 

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