Non-deductibility of partner payments: firm cannot claim partner remuneration deductions and partners not taxed on those amounts. Clause 326 provides that if a partnership firm fails to comply with the prescribed rules for partner payments, the firm may not deduct payments to partners described as interest, salary, bonus, commission or remuneration in computing business income, and those payments shall not be chargeable to tax in the hands of the partners.
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.
Non-deductibility of partner payments: firm cannot claim partner remuneration deductions and partners not taxed on those amounts.
Clause 326 provides that if a partnership firm fails to comply with the prescribed rules for partner payments, the firm may not deduct payments to partners described as interest, salary, bonus, commission or remuneration in computing business income, and those payments shall not be chargeable to tax in the hands of the partners.
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