Standard deduction of 40000

Can a partner can take standard deduction on salary he received from firm?
Replies (13)
If he is received salary as per sec 17(1) then yes he can claim that std deduction .
NO STANDARD DEDUCTION IS AVAILABLE.

Salary received from firm is treated as PGBP in the hands of partner.
What salary as per sec 17(1) include or means?

As in my case partner is getting 30000 pm salary
Then his salary which be shown under which heads of income while preparing computation?
NO STANDARD DEDUCTION IS AVAILABLE.

Salary received from firm is treated as Business Income (under profits and gains from business ) by the Partner.
(ITR5 - schedule BP)
@ kapadia ji thanks for the response
(As in my case partner is getting 30000 pm salary )

If the salary (remuneration) received from partnership firm then it's not under the head of Salaries...

in case the partner earn salary from any other way (for working employee) then he can avail such deduction...
Salary is payable to working partner only.
It can't be paid to non-working partners.
Ankit you hv not mentioned whether partner has profit sharing ratio or not .
He may be salaried partner.
If salaried then he can claim standard deduction.
The employer is bound to furnish form 16.
He is having 1/3 share in firm and is working partner only

1. As per sec 28(v), if a partner is in receipt of salary, interest, bonus, commission or remuneration, by whatever name called will be taxable in the hands of such partner as business income. 
2. Hence, the salary received from his own firm will be taxable as business income and the standard deduction will not be available for such salary income. 
3. The standard deduction will be applicable only for a salaried employee (Employer and Employee relationship) 
4. In your case, the standard deduction will not be applicable for salary received from a firm in which you are a partner. 
5. The share of partnership does not matter in this scenario. 
Please correct me if the above solution has an alternative view. 

So Ankit now its clear if you are having 1/3 profit share then u cannot claim standard deduction.
Mr.Suresh u are absoloutely correct.
Originally posted by : sabyasachi mukherjee
So Ankit now its clear if you are having 1/3 profit share then u cannot claim standard deduction.Mr.Suresh u are absoloutely correct.

Thanks sabyasachi ji

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