Neha Ganatra (article) (42 Points)
21 February 2011I have a partnership firm which was incorporated in 2005 but i had not registered the partnership deed. I have never filed Income Tax returns since i did not have sufficient income. Now i want to file Returns for the Financial year 2008-09 and 2009-10. My query was whether or not i will be treated as a registered partnership firm and will i be allowed to claim the Remuneration and interest paid to the partners.
Pankaj Arora
(Learner)
(3134 Points)
Replied 21 February 2011
How can it allowed if its not register and ITR of f.y. 2008-09 time has over and you can file ITR of f.y. 2009-10 till 31.03.2011.
Neha Ganatra
(article)
(42 Points)
Replied 21 February 2011
vijayaggarwal
(CA. IN PRACTICE)
(89 Points)
Replied 23 February 2011
Dear what are u saying, i could not understand
if u suffered loss than u was required to submit ur loss return in order to claim such lossess in the subsequent years and
there is not exemption limit for the firm, means a firm is require to submit its return of income even if it earn only Rs. 10/- during the year
then my query is this why did not u furnish ur return of income
and as far as ur query is concerned for allowance of Remuneration and interest, it shall be allowed from the date of deed of partnership
Ramya Kinthali
(Financial Consultant)
(108 Points)
Replied 23 February 2011
in case of a Firm... recognition as partnership firm will be given only when it is evidenced by a deed..... and furnishing return of income every year is mandatory for a firm irrespective of income once it has filed its return claiming as partnership firm......
failure to furnish return of income by a firm will lead to a penalty of Rs5000
now for FY 2008-09 a belated return can be filled along with deed copy..time limit for belated return is 1 year from the end of relevant AY
For FY 2009-10 the due date has been crossed hence belated return would be the option to avoin penalty ( if in previous return status of firm is claimed)
i welcome objections on answer if any....
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