Ashish Agrawal (Practicing CA) (45 Points)
06 August 2013Can a partnership firm be held liable for the statutory tax dues of the partner. Income tax department demanded the tax dues of the partner from the firm's bank account by a letter to the manager of the bank branch. Is this possible .?
CA Suri Kota
(Assistant Manager @ EY)
(955 Points)
Replied 06 August 2013
Hi,
If the partnership is holding any money relating to partner, then IT Dept can ask as you said above.
As the firm holds usually the profits / Salary of the partner, there are provisions under IT Act which gives the IT Officer, the right to recover the tax dues from such firm.
Suri.
Ashish Agrawal
(Practicing CA)
(45 Points)
Replied 06 August 2013
CA Suri Kota
(Assistant Manager @ EY)
(955 Points)
Replied 07 August 2013
Ofcourse ..as there will be profit sharing ratio...the dues can be recovered only from the concerned partner's share.
Its a kind of Garnisee Order.
Suri.
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