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Sec- 44ae [plying, hiring, or leasing goods cairrages]

Tax queries 1595 views 3 replies

Individuals:

A: 9 goods cairrages

B: 9 goods cairrages

A (HUF): 9 goods cairrages

Partnership firm (Partners- A & B):

AB Firm: 9 goods cairrages

 

Can all of them be assessed seperately u/s 44AE?  Would your ans be different it were AB Pvt Ltd ?

 

Replies (3)

Anuj Ji,

          Under section 44AE An assessee engaged in plying, hiring, or leasing of goods carriage& Assessee  owned not more than 10 vehicles during previous year. Then this provision sall be applicable. Under this provision u may declare presumptive income of assessee. It is applicable on all assesee even if they are resident or not. 

  In ur case u can assess income of above business in sec. 44AE including company. Further no deduction would be allowed   us 30 to 38. however in case of partnership, further remuneration, interest(us 40b, 184,185) shall be allowed.

what if they incorporate another partneship firm and again own 9 goods cairrages?

so in all 3 individuals & 2 partnership firms.. all below 10 vehicles. can all of the assessee be assessed u/s 44AE?

wont be like evading tax or something? & its a Partnership firm (Partner & Individual are the same.. do seperate entity like in companies)

Assessment of firm & individuals are separate as per Income tax act, though profit of firm is clubbed in partner's income, firm & partners can be individually assessed under sec 44AE. No harm.


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