Examine and explain by giving reasons in brief as to the correctness or otherwise of each of the following statements in the context of provisions contained under the Income Tax Act, 1961: (i) Every person who during the

CS Professional · Advanced Tax Laws and Practice · PYQS · December 2020
Examine and explain by giving reasons in brief as to the correctness or otherwise of each of the following statements in the context of provisions contained under the Income Tax Act, 1961: (i) Every person who during the previous year was a partner of a firm or a legal representative of any deceased partner shall not be liable jointly and severally to pay the amount of tax, penalty or other sum payable by the firm.

Answer & Explanation:

Incorrect: As per section 188A of the Income Tax Act, 1961, every person who was, during the previous year, a partner of a firm, and the legal representative of any such person who is deceased, shall be jointly and severally liable along with the firm for the amount of tax, penalty or other sum payable by the firm for the assessment year to which such previous year is relevant, and all the provisions of this Act, so far as may be, shall apply to the assessment of such tax or imposition or levy of such penalty or other sum.

Topics: Income Tax Act, 1961

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