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Dear Sir, Mam In case of Partnership firm 1 We want to know whether a partnership firm , is required to deduct TDS on the salary given to partners. 2 Secondly if we have not charged depreciation on building of hospital for few yrs in starting [ new setup ] and then can we charge depreciation on building in coming yrs. thanks

Dear Sir, Mam In case of Partnership firm 1 We want to know whether a partnership firm , is required to deduct TDS on the salary given to partners. 2 Secondly if we have not charged depreciation on building of hospital for few yrs in starting [ new setup ] and then can we charge depreciation on building in coming yrs. thanks

Reply- Explanation 2 of section 15 says that “Any salary, bonus, commission or remuneration, by whatever name called, due to, or received by, a partner of a firm from the firm shall not be regarded as “salary”. Therefore no TDS is to be deducted on salary paid to the partners.

Partner’s Remuneration is chargeable as “Profit or Gains of business or Profession” in hands of partner. Also Income by way of Partner’s Remuneration is specifically covered by section 28

You can claim depreciation from the date asset is put to use  As per section 32 of Income Tax Act, 1961

Posted Date: Jan 11, 2021
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