Chapter XII-DA - SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME OF DOMESTIC COMPANY FOR BUY-BACK OF SHARES (From Section 115QA to Section 115QC)
Part C - Procedure for filing of return in respect of fringe benefits, assessment and payment of tax in respect thereof (From Section 115WD to Section 115WM)
Chapter XX-B - REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX (From Section 269SS to Section 269TT)
Assessment as a firm: instrument-based partnership and specified partner shares determine firm assessment; non-compliance disallows partner payments. A firm is assessed as a firm if the partnership is evidenced by an instrument and partner shares are specified; a certified copy of that instrument must accompany the firm's return when assessment as a firm is first sought, certified by all partners (not minors) or by former partners/legal representatives after dissolution. Continuity of assessment follows where there is no change in constitution or shares; changes require furnishing a certified revised instrument. Specific non-compliance by a firm triggers assessment rules that disallow deductions for payments to partners and alters their tax treatment under the Act.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Assessment as a firm: instrument-based partnership and specified partner shares determine firm assessment; non-compliance disallows partner payments.
A firm is assessed as a firm if the partnership is evidenced by an instrument and partner shares are specified; a certified copy of that instrument must accompany the firm's return when assessment as a firm is first sought, certified by all partners (not minors) or by former partners/legal representatives after dissolution. Continuity of assessment follows where there is no change in constitution or shares; changes require furnishing a certified revised instrument. Specific non-compliance by a firm triggers assessment rules that disallow deductions for payments to partners and alters their tax treatment under the Act.
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