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Whether Rent Paid to Partner is covered u/s 40(b) ?

Others 1342 views 3 replies

WHY RENT PAID TO PARTNER IS NOT CONSIDERED u/s 40(b) ???

The Language used in section 40(b) is "payment of salary, bonus, commission or remuneration, BY WHATEVER NAME CALLED."

So, Rent should also be considered in BY WHATEVER NAME CALLED.

Replies (3)
As per section 40(b), only payment of salary, bonus, commission, remuneration are included. The simple thing observed here is that all these payments, partners are supposed to report under PGBP in their Income Tax Return, so controls have been laid. Whereas for Rent, whatever the amount paid as rent is considered under HP income, which has a for standard ruling for all. So, the same is not included in 40(b)..

rent is not covered here 

any amount paid to partner as rent is allowed as deduction and the same is not covered by Sec 40(b) 

Originally posted by : CA Thuppada Aruna
As per section 40(b), only payment of salary, bonus, commission, remuneration are included. The simple thing observed here is that all these payments, partners are supposed to report under PGBP in their Income Tax Return, so controls have been laid. Whereas for Rent, whatever the amount paid as rent is considered under HP income, which has a for standard ruling for all. So, the same is not included in 40(b)..

Thanks ma'am for such elaborative answer. I was looking for such.


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