This Tax Alert summarizes a recent ruling of the Karnataka High Court (HC) in the case of Vidya Investments and Trading Company Pvt. Ltd.(Taxpayer) on the issue whether share of profits received by a partner in income of partnership firm (on which firm did not suffer tax owing to exemption) will be exempt in the assessment of the partner.
In terms of current scheme of taxation of firm and partner in the Indian tax laws (ITL), a partnership firm as a separate assessable entity pays tax on its total income at entity level and partner of the firm is exempt in respect of share of profits received from the FIRM. Object of the current scheme is to avoid double taxation.
The HC dealt with the issue whether share of profit is exempt in the hands of partner only if firm has suffered taxation in respect of its income.
The HC, having regard to scheme of taxation and legislative intent ruled that share of profits of a partner from the firm having exempt income will also qualify for exemption in the hands of the partner much in the same manner in which share of profits in taxable income of the firm would qualify.
The HC concluded that partner of a firm is entitled to exemption in respect of its SOP in exempt income of the firm much in the same manner in which exemption is to be conferred on him in respect of SOP in taxable income of the firm.
Ruling sets at rest the controversy which has gained momentum in the recent past. Many individuals and companies who were partners in partnership firms were subjected to taxation in respect of SOP in exempt income of the firm. This ruling will provide sigh to relief to all such taxpayers.
No comments:
Post a Comment