PARTNERS REMUNERATION AND INTEREST ON FIXED DEPOSIT

[RAMESH MANSHARAMANI]

Hello Collegues

Due to following reason I T O has disallowed following expense/income during assessment 

1 Partners remuneration distributed between partners equally instead of deed says to distribute between partners according % 

2  Partnership firm taken over by Pvt. Ltd. company on 15/06/2007 but before that firm claimed TDS onBank FD Interest to its return of income AY 08-09 while did not shown interest income of said FD.  The same income shown by PVT LTD company in its return of income A. Y. 08-09

Please give your valuable remarks so i can narrate in CIT(A)

RAMESH K M

098258 79833

[email protected]

[Surender Gupta]

Only detailed and full facts of the case would help to examine the issue and framing of opinion. What grounds you have taken before AO, in what circumstances you have taken the decisions as above etc. etc.

AI Summary

Partners' remuneration allocation: challenge to unequal distribution under partnership deed affects assessability and deduction treatment.
The assessment disputes two issues: first, partners' remuneration was apportioned equally despite the partnership deed prescribing percentage-based distribution, raising questions about deed compliance and the tax treatment of remuneration; second, interest on a fixed deposit was omitted from the partnership's income though TDS was claimed, while the successor private company reported the same interest after takeover, creating issues of income attribution, timing, and entitlement to TDS credit.