Partner salary disallowance
CA SEEMA AGARWAL (Chartered Accountant) (414 Points)
11 February 2021CA SEEMA AGARWAL (Chartered Accountant) (414 Points)
11 February 2021
CA Manivel Manickam
(Chartered Accountant)
(81 Points)
Replied 11 February 2021
In the given case assesse is partnership firm and not the partner who died. AS per 40(b), excess portion shall be disallowed and taxed in firm's account. The disallowed portion is exempted in partner's hand while filing his ITR (hence no double taxation). Deceased partner ITR should be filed by his Legal heir/representative.