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CMA Intermediate · Direct and Indirect Taxation · Salaries

Mr. Harish Patel is a partner in Patel & Sons, a partnership firm. The firm paid him Rs. 5,00,000 as salary and Rs. 1,00,000 as commission during the tax year. How should these amounts be treated under the head Salaries?

Remuneration of any kind received by a partner from the firm, whether called salary, bonus or commission, is not regarded as salary. So none of the Rs. 6,00,000 received by Mr. Patel is chargeable under the head Salaries.

  1. ARs. 6,00,000 is taxable as Salaries
  2. BRs. 5,00,000 is taxable as Salaries and Rs. 1,00,000 as other sources
  3. CRs. 1,00,000 is taxable as Salaries and Rs. 5,00,000 is exempt
  4. DNeither amount is chargeable under SalariesCorrect

Explanation

Section 15(4) provides that any salary, bonus, commission or remuneration due to or received by a partner from the firm is not salary for section 15. So both Rs. 5,00,000 and Rs. 1,00,000 are outside the head Salaries. Treating the amount as salary because it is called salary ignores the partner exclusion.

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