allowablity of partners remuneration and interst on capital

Tax queries 450 views 2 replies

sir

A partnership firm not filed their Income tax return for the last three years ,can they claim interst on capital and partners remuneration U/s 40(b) of Income act.

Whether its admissible deduction ?

can we file return in the last three years after claim interest capital and remuneration?

kindly refer section 144 and 184(5) and reply

Replies (2)

Dear Suresh,

       under sec 40(b), certain conditions are prescribed, which have to be fulfilled in order to get deduction. But, nowhere in that section, it is mentioned that return for previous years are to be filed in order to get deduction. So there is no bar on the firm to claim deduction

The claim depends on the partnership deed and the amounts that have been debited in the books of accounts.  Filing of returns or otherwise has no effect.


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