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Advocate Dr Amit Dua

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  1. Asked: February 13, 2022In: Income Tax

    What are the conditions of Interest payable to partners of a firm under the Income Tax Act?

    Advocate Dr Amit Dua Explainer
    Added an answer on February 18, 2022 at 12:51 pm

    a) Interest payable to partners shall be in accordance with the terms of the partnership deed, however, it shall not exceed 12% per annum. b) Remuneration payable to partners shall be in accordance with the terms of the partnership deed, however, it shall not exceed the following limit: On first Rs.Read more

    • a) Interest payable to partners shall be in accordance with the terms of the partnership deed, however, it shall not exceed 12% per annum.
    • b) Remuneration payable to partners shall be in accordance with the terms of the partnership deed, however, it shall not exceed the following limit:
      • On first Rs. 3 Lakhs of book profit or in case of loss – Rs. 1,50,000 or 90% of book profit, whichever is more;
      • On the balance of the book profit – 60% of book profit.
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  2. Asked: February 12, 2022In: Income Tax

    What is the limit of remuneration of partner as per Income Tax act?

    Advocate Dr Amit Dua Explainer
    Added an answer on February 18, 2022 at 12:50 pm

    a) Interest payable to partners shall be in accordance with the terms of the partnership deed, however, it shall not exceed 12% per annum. b) Remuneration payable to partners shall be in accordance with the terms of the partnership deed, however, it shall not exceed the following limit: On first Rs.Read more

    • a) Interest payable to partners shall be in accordance with the terms of the partnership deed, however, it shall not exceed 12% per annum.
    • b) Remuneration payable to partners shall be in accordance with the terms of the partnership deed, however, it shall not exceed the following limit:
      • On first Rs. 3 Lakhs of book profit or in case of loss – Rs. 1,50,000 or 90% of book profit, whichever is more;
      • On the balance of the book profit – 60% of book profit.
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  3. Asked: February 13, 2022In: Income Tax

    Is a trust is exempt from income tax?

    Advocate Dr Amit Dua Explainer
    Added an answer on February 18, 2022 at 12:48 pm

    ​​Exemption to a trust Income of a charitable and religious trust is exempt from tax subject to certain conditions. The exemptions are provided to the trusts under various provisions, inter-alia, Section 10, Section 11, etc. Some of the exemptions allowed to a trust are as under: 1) Section 11 proviRead more

    ​​Exemption to a trust
    Income of a charitable and religious trust is exempt from tax subject to certain conditions. The exemptions are provided to the trusts under various provisions, inter-alia, Section 10, Section 11, etc. Some of the exemptions allowed to a trust are as under:

    1) Section 11 provides exemption for income derived from property held under trust wholly for charitable or religious purposes to the extent such income is applied for charitable or religious purpose in India. However, this exemption shall be subject to certain conditions.
    2) In view of Section 12, income in the form of voluntary contributions received by a trust created wholly for charitable or religious purposes or by an institution established wholly for such purposes shall also be exempt from tax (subject to certain conditions).
    3) Any voluntary contributions received by an electoral trust shall not be included in its total income (subject to certain conditions).
    4) Income of an educational institute is subject to exemption under Sections 10(23C)(iiiab)/(iiiad)/(vi).
    5) Income of a hospital or other institution shall be eligible for exemption if it satisfies the conditions prescribed under Sections 10(23C)(iiiab)/(iiiad)/(vi).

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  4. Asked: February 13, 2022In: Income Tax

    What happened if a trust is failed to used its 85% income for charitable purpose under income tax act?

    Advocate Dr Amit Dua Explainer
    Added an answer on February 18, 2022 at 11:48 am

    Where 85% of the income is not applied for charitable purposes, the NGO is required to accumulate or set apart such income for future application. The incomes so accumulated will not be included in the total income of the NGO if the following conditions are applied: Such trust or institution furnishRead more

    Where 85% of the income is not applied for charitable purposes, the NGO is required to accumulate or set apart such income for future application. The incomes so accumulated will not be included in the total income of the NGO if the following conditions are applied:

    • Such trust or institution furnishes Form No. 10 – notice of accumulation of income by charitable trust or institution electronically to assessing officer, on or before the due date for filing the return of income.
    • Mention the purpose for which income is being accumulated or set aside.
    • Income shall not be accumulated for more than 5 years and years in which income accumulated or set aside due to order or injunction of any court to be excluded in computing 5 years.
    • Money so accumulated or set aside is invested or deposited in specified mode as mentioned under section 11(5).

    Above such option is to be exercised in form 10 to be furnished electronically to the assessing officer with or without digital signature by the trust on or before due date of filing the return.

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  5. Asked: February 13, 2022In: Income Tax

    What is the procedure for a trust to getting registered with commissioner of income tax?

    Advocate Dr Amit Dua Explainer
    Added an answer on February 18, 2022 at 11:48 am

    To obtain registration under Section 12A, an application in Form 10A for registration of a charitable or religious trust or institution can be made. The application should compulsorily be made in the online mode. The application shall be addressed to the Commissioner of Income Tax along with the necRead more

    To obtain registration under Section 12A, an application in Form 10A for registration of a charitable or religious trust or institution can be made. The application should compulsorily be made in the online mode. The application shall be addressed to the Commissioner of Income Tax along with the necessary documents.

     

     

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