Answers On Topic: reconstitution
  FIRM RECONSTITUTION
A firm has 3 partners  A,B and C.  Partner  B is retiring and his credit balance of capital/current account is taken over by partner A. Partner A is issuing "memorandum of debt" to retiring partner C. The debt instrument is proposed to be registered with registration department of immovable properties paying requisite stamp duty for registration of debt instrument. The firm has immovable property and machineries and is a manufacturing concern.What are the tax implication for the firm, partner A and retiring partner C ?.      


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  Sec. 45(4) and 9B of the Income Tax 1961
Assessee is partnership firm having 5 partners ,engaged in the business of construction. The firm has undertaken the construction of housing project. In the partnership deed, it is agreed by and between the partners that all partners will contribute the capital equally and their profit sharing is equal.  It  is also agreed  that in case capital contribution is not made equally, then the profit sharing which is decided as equal, will be change as per the capital contribution by executing the  fresh partnership deed. Accordingly partners have decided to execute the partnership deed and change the profit sharing ratio as…


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  Whether distribution of capital asset at the time of dissolution of firm is covered ?
In view of newly amended section 9B and Section 45(4) by F.A. 2021, whether there is any difference in terms – Dissolution vis-à-vis reconstitution? Section 9B refers to cases of reconstitution or dissolution whereas; s. 45(4) only refers to reconstitution. Whether the amended section 45(4) is applicable to case of dissolution of firm?


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