Can TDS of partners be claimed by partnership firm

Vivek Agrawal (GST Practitioner) (181 Points)

29 September 2011  

Hi,

This query comes out of the tax planning - conversion of proprietory business into partnership business

FACT - Two persons carrying the business of civil contract decided, at the end of year, to bring their individual business   under partneship firm. They inserted a clause in the deed - "in case partners carry the business of the same nature of firm's business, then the business of partners shall be considered as the business of firm."

By virtue of this clause, the civil contract business carried by partners were considered as the business of firm.

Query    -   Shall assessing officer consider the business of  partners as the business of firm, if yes, shall the tax credit appearing in the partners PAN be transferred to the PAN of firm