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Issue ID: 111088
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Taxation of AOP

Date 01 Nov 2016
Replies3 Replies
Views 3802 Views
Taxation of AOP: where rental receipts and TDS attach to the AOP, the AOP bears tax and distributes post tax shares.
Whether an Association of Persons or its members are taxable where rental income is received and TDS was deducted on the AOP PAN; if receipts are treated as AOP income, the AOP should include house property income in its gross total income after the statutory standard deduction, be assessed and taxed accordingly, and distribute remaining post-tax profits to members, whereas where receipts and TDS are recorded under individual members' PANs, taxation and GTI computation are conducted memberwise. (AI Summary)

An AOP having income solely from House property, TDS for the same has been deducted & file return for the period fy13-14 showing 100% tax refundable, as GTI shown nil because income received is distributed among members in their respective determine shares & thus AOP remain with no income left . But notice u/s139(9) recieved stating why GTI is nil against which TDS is claim for refund. My query is whether AOP is taxable including Income from House Property or members are taxed. Although if members are taxed than how TDS shall be utilised for payment of tax.

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