Firm assessment compliance requires certified partnership instruments, while non-compliance disallows business-income deductions for specified partner payments. Section 325 requires a written partnership instrument specifying individual shares and a certified copy with the first return seeking firm assessment. ... Summary
Firm assessment compliance requires certified partnership instruments, while non-compliance disallows business-income deductions for specified partner payments.
Section 325 requires a written partnership instrument specifying individual shares and a certified copy with the first return seeking firm assessment. Certification must be by eligible non-minor partners, with a specified procedure where the firm has dissolved, and a certified revised instrument is required when constitution or shares change. Failure referred to in Section 271 or non-compliance with Section 325 denies business-income deductions for specified payments to partners; those payments are not chargeable under Section 26(2)(g) in the partners' hands.
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