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Issue ID: 3562
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Treatment under rule 8D of Income Tax

Date 14 Nov 2011
Replies 1 Reply
Views 5297 Views
Asked by
Exempt income from firm partners: expenditure attributable disallowed under section 14A read with rule 8D.
Income distributed as a partner's share from a firm is exempt under the cited exemption provision, but any expenditure incurred in relation to such exempt income is not allowable as a deduction; disallowance of such expenditures is governed by the rule addressing expenditures relatable to exempt income. (AI Summary)

Dear Sir,

Please suggest me wrt to the following issues:

1. A unlisted public company becomes a partner in LLP and having profit sharing ration is more than 50%, 

As profit of LLP is taxable in the hand of LLP and not in the hand of partners so in the case if a unlisted public company is partner, WHAT WOULD BE TREATMENT OF EXEMPTED PROFIT RECEIVED BY SUCH COMPANY AS PER RULE 8D OF INCOME TAX?

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Replied on Nov 15, 2011
1.

The income from share from firm is exempt from tax u/s 10(2A). Under section 14A read with rule 8D any expenditure incurred on the exempted income is not allowable as deduction from the Income of the assessee.

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