| Question And Answer | |
|---|---|
| Subject: | Tax implication of Debit balaknce to capital account of retiring partner |
| Category: | Income-Tax |
| Querist: | Manali |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Debit balance, Retiring partner |
| Date: | March 19, 2023 |
M/S. ABC is partnership firm, having 4 partners. As per retirement deed executed on 31.03.22, two partners retire from the firm w.e.f.1.04.2022. As on the date of retirement these two partners were debit balalce in the firm. Firm is continued by the continuing partners and writoff the amount due from the retirng partner and claimed as expenditure.
1. Whether firm can claimed this As expenditure?
2. Whether any tax liability in the hands of firm ?
3. Tax implication in the hands of partner ? Whether they are liable to pay tax on amount payable by them to firm?
The write-off of the debit capital balance cannot be claimed as business expenditure. 2. Section 9B or section 45(4) of the Income-tax Act, 1961 (Act) are not attracted in the hands of the firm. 3. Sections 56(2)(x), 28(iv) or 41(1) of the Act are not attracted in the hands of the Partner.