Disallowance under section 40(b): interest to a partner disallowed even if representing an HUF; direct HUF receipt permitted. Payment of interest by a firm to a partner is subject to disallowance under Section 40(b); the prohibition is absolute and covers interest paid to a partner even when he claims to represent a Hindu Undivided Family. By contrast, interest paid directly to an HUF (and not to a partner) is not disallowable.
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.
Disallowance under section 40(b): interest to a partner disallowed even if representing an HUF; direct HUF receipt permitted.
Payment of interest by a firm to a partner is subject to disallowance under Section 40(b); the prohibition is absolute and covers interest paid to a partner even when he claims to represent a Hindu Undivided Family. By contrast, interest paid directly to an HUF (and not to a partner) is not disallowable.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.