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Question ID : 40403

Cash Withdrawl by Partners

Whether Partners can Withdraw from Partnership /LLP Firm in Cash. If yes, whether provisions of Sec 269ST will be applicable

Posted by AJAY JAIN on Sep 25, 2019

Filed Under DIRECT TAXES

Answer ID : 80180

Hi Ajay, Partnership firm and LLP are governed by partnership agreement/LLP agreement. Partners may withdraw cash from their capital if it is not restricted by such agreements. Going by the literal interpretation, in my view, 269ST would be applicable as both partner and partnership firm are separate taxable entities under Income-tax law. As this is a new section and no judicial precedents are available in this connection, conservative approach may be adopted and it would be better to receive money by any mode other than cash.

Posted by ASHWIN RAO VARANASHI on Sep 25, 2019
Answer ID : 80182

The Provisions of 269ST are applicable to each and every transactions involving cash deposit or withdrawal by the partner irrespective of the nature and irrespective of the relation between parties

Posted by Suhas K on Sep 25, 2019