Remuneration paid to the partners by the firm is to be allowed subject to the condition mentioned in Sec 40(b) (i) to (v) of the Income Tax Act

Last updated: 21 November 2011

Court :
HIGH COURT OF DELHI

Brief :
The present appeal under Section 260A of the Income Tax Act, 1961 (Act, for short) has been preferred by Sood Brij & Associates, a partnership firm, consisting of two partners namely A.K. Sood and B.M. Gupta, who are practicing Chartered Accountants. In their return for the assessment year 2007-08, Rs.21,40,000/- was claimed as a deduction towards salary/remuneration paid to the partners. This was disallowed by the Assessing Officer on the ground of violation of Section 40(b)(v). The appellant-assessee has been unsuccessful in appeals before the Commissioner of Income Tax (Appeals) and the Income Tax Appellate Tribunal

Citation :
Sood Brij & Associates....Appellant Versus The Commissioner of Income-tax-XIII, New Delhi …Respondents