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Survey Income Is Part of Book Profit for Partners’ Remuneration u/s 40(b): ITAT Panaji
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taxguruin
The AO excluded this surrendered income while computing book profit for partners’ remuneration and consequently disallowed ₹1,62,603 under Section 40(b).
Once such income formed part of the net profit in the profit & loss account, it had to be included in “book profit” for computing allowable partners’ remuneration under Section 40(b).
The book profit for the year has been arrived after taking into consideration the amount declared during the course of survey.
Thereafter, under the provisions of section 40(b) of the Act remuneration has been calculated on the basis of book profit.
As per the bank accounts maintained with Central Bank of India and HDFC Bank Ltd., the difference is only Rs.569/-.