Chennai ITAT denies
assessee-partner’s claim of estimating income on presumptive basis u/s. 44AD
with respect to interest and remuneration earned from the partnership firms
during AY 2012-13; While filing return of income, assessee had applied
presumptive rate @ 8% u/s 44AD on interest and remuneration received from
various partnership firms, however, AO had denied the claim on the ground
that assessee was not doing any business independently but was only a partner
in the firms; Referring to Sec. 28(v) read with Section 40(b), ITAT
acknowledges that remuneration and interest received from a firm, to the extent
eligible u/s 40(b), would be considered as ‘profits and gains from business or
profession’ of the recipient partner; However, ITAT clarifies that “This by
itself…would not translate such remuneration and interest, to gross receipts or
turnover …of a business independently carried on by a partner.”; ITAT opines
that the intention of insertion of Sec. 44AD was to help small business to
comply with the taxation provisions and that the “Intention was not at all to
construe a partner’s remuneration or interest as business income.”:ITAT
Subscribe to:
Post Comments (Atom)
GST Not Leviable on Transfer of Leasehold Rights of MIDC Plots: SC Dismisses Revenue’s SLP
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
-
· Legal Framework: Section 171 of the Income Tax Act, 1961 provides the legal framework for the partition of a Hindu Undivided...
-
New utility for generation of Form 16A in pdf format provided by https://www.tdscpc.gov.in is very light and is sized only 8.43 MB while ...
-
1. Introduction Cross-border investment structures often employ intermediate holding companies in jurisdictions like the Cayman Islands. A c...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
Facts Saptarshi Ghosh (the tax payer) was a salaried employee of TCS Limited (employer), an Indian company. He was on deputation to the U...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
No comments:
Post a Comment