Taxes Income Taxes

Expenditure that are not allowed as a deduction in the assessment of AOP/BOI u/s 40(ba)

Expenditure that are not allowed as a deduction in the assessment of AOP/BOI u/s 40(ba)
  1. Nature of expenditure disallowed:
    1. Interest, salary, bonus, commission, remuneration paid by an AOP/BOI to its members is not allowed as deduction in computation of income of AOP/BOI.
    2. If the AOP/BOI receives as well as pays interest to its members during the previous year, then the excess interest paid over and above the interest received shall be disallowed.
  2. Exception: The above conditions does not apply in the following situations-
    1. Where an individual is a member on behalf of or for the benefit of any other person, and interest is paid by AOP to the individual otherwise than as partner in a representative capacity.
    2. Where an individual is a member in his individual capacity and interest is received by such individual from AOP on behalf of or for the benefit of any other person.
  3. Allow ability of payments made to certain specified persons u/s 40A (2)
    Nature of payment

    1. The payment is in respect of goods, services or facilities supplied or provided by a relative.
    2. The amount paid to such relative is considered to be excessive or unreasonable as compared with the market value of such goods, services or facilities.
    3. The excessive or unreasonable sum shall not be allowed as a deduction.
    4. Specified persons for this section

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