Sec 44 ad

Tax queries 384 views 1 replies

sir, sec 44AD is applicable to a partner who received intret&remuneration from a partnership firm,because that income is taxable as business income in the hands of partner

 

Replies (1)

Even if Interest and remuneration is taxable in the hands of the partner as business income, we cannot say that that is his turnover. He cannot deduct any expenses from that. so, the whole amount has to be taxed and not just 8%.

 

I am aware that In the recent case of Usha Narayanan vs. DCIT (ITA 703/ Kol/2012), the AO held that the salary of a partner of a partnership firm is liable to tax as Profits & gains of Business or Profession under the Section 28(v) of the Act and accordingly levied penalty for failure to get books of accounts audited under Section 271B of the Act. This action was upheld by the Kolkata ITAT.

One may say that by same logic even 44AD can be applied to remuneration of a partner.

But in my opinion, section 44AD cannot be applied here as remuneration is not TURNOVER.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

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

Shyam Joshi & Associates

Pune

B.Com

View Details
Company
Featured 26 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
ARTICLESHIP 27 May 2026
CA Article Trainee

Rahul Dang & Associates-Chartered Accountants

Pune

CA Inter

View Details
Company
19 May 2026
Accountant

ca kunjan

Mumbai

CA Inter

View Details
Company
23 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details