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)
Can GST Under RCM Not Charged and Paid from FY 2017-18 to October 2024 be Settled in FY 2024-25?
In a recent and significant update to GST regulations, registered persons in India can now clear unpaid Reverse Charge Mechanism (RCM) liab...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
When India introduced the Goods and Services Tax (GST), it created a big change in the way companies handle their taxes. Earlier, business...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Companies often give gifts to their employees to boost morale, celebrate achievements, and promote a positive work environment. Such gifts ...
-
Section 150 of the Finance (No. 2) Act, 2024, specifies that taxpayers will not receive refunds for taxes paid or input tax credits (ITC) re...
-
Overview The Supreme Court of India recently ruled on the applicability of the Most Favoured Nation (MFN) clause in tax treaties involvin...
-
This Tax Alert summarizes the recent Delhi High Court (HC) ruling disposing Writ Petitions in a batch matter on valuation of import of serv...
No comments:
Post a Comment