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Rent paid by firm to partner is allowable dedn ?

Tax queries 1216 views 1 replies

Hello everyone,

instead of transferring property into firm a partner wishes to give property on rent to the firm. my questions ;

1. whether rent paid by firm to partner would amount to salalry/remueration for the purpose of section 40b. ?

2. If answer to above is NO then is Tax deduction mandatory if rent>180000 pa ?

 

waiting for the views of the experts.

 

Replies (1)

yes firm will definetly get a deduction... Rent is not covered under section 40(b). Refer case law Heastle v. Veith & Co. ICAI.... If the rent paid is excessive then excess rent would be disallowed under section 40(A)(2).......


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