13 March 2010
Assesse being a Parnership Firm. As per terms of Deed Partner's remuneration shall be provided as per section 40(b) of I.T.Act. Now for the Current Year there shall be book loss before providing the same. Whether is it mandatory to provide in books the parner's remuneration subject to maximun Rs. 1,50,000/- in case of Book loss for the year ended as on 31.03.2010.
I got confused as two expert's opinion says that it is not mandatory to provide partner's remuneration in books as per section 40(b) of I.t. act in case of Book Loss, while other Experts says that it depends on the terms of deed.As i have already mentioned in my query that partnership deed specfied the same.(i.e.Partner's remuneration as per section 40(b) of I.t.Act).
16 March 2010
As per Section 40(b) of the IT Act, it is not mandatiry to provide for partner's remuneration in the books. If in the pertnership deed it is mentioned that remuneration to the partners will be paid as per Sec. 40(b) of the IT Act, then you need not provide for partners' remuneration in books. But, if it is expressly mentioned in the partnership deed, that in any case, partners are to be paid such and such remuneration, then you have to go by the partnership deed. Hope, this clears your confusion.
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