Book 1 -- Partnership |
1
| >> |
Part I : Basic Aspects |
2
| >> |
| 1 : Partnership -- Introduction |
3
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| 2 : Essentials of Partnership |
18
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| 3 : Partner -- Eligibility |
30
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| 4 : Maximum Number of Partners |
39
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| 5 : Minor as Partner |
45
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| 6 : HUF as Partner -- Judicial Opinion |
55
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| 7 : Trust as Partner |
65
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Part II : Formation and Dissolution of Partnership |
68
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| 8 : Instrument of Partnership |
69
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| 9 : Execution of Instrument of Partnership |
73
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| 10 : Date of Execution of Partnership Deed |
75
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| 11 : Signing of Partnership |
77
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| 12 : Defectively Executed Partnership Deed |
81
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| 13 : Specification of Shares in Partnership Deed |
86
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| 14 : Dissolution of Partnership |
92
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Part III : Drafting of Partnership Deed |
96
| >> |
| 15 : Drafting of Partnership Deed -- Basics |
97
| >> |
| 16 : Clausewise Guidelines for Drafting of Partnership Deed |
101
| >> |
| 17 : Draft Partnership Deeds and Model Clauses |
112
| >> |
Book 2 -- Limited Liability Partnership |
145
| >> |
Part IV : Limited Liability Partnership -- Basic Concepts |
146
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| 18 : Introduction |
147
| >> |
| 19 : Definitions |
149
| >> |
| 20 : LLP -- Charateristics and Advantages |
152
| >> |
| 21 : Comparison with Other Forms of Business Organisations |
158
| >> |
| 22 : FAQ’s on LLP |
166
| >> |
Part V : Partners -- Their Relationship Interse, Contribution and Liability |
174
| >> |
| 23 : Introduction |
175
| >> |
| 24 : Contributions |
207
| >> |
| 25 : Partners and Their Relationship |
211
| >> |
| 26 : Liability of LLP and It’s Partners |
214
| >> |
| 27 : Designated Partner |
217
| >> |
| 28 : Transfer of Partnership Rights |
224
| >> |
Part VI : Incorporation of Limited Liability Partnership |
225
| >> |
| 29 : Steps for Incorporating Limited Liability Partnership |
226
| >> |
| 30 : Designated Partner’s Identification Number |
231
| >> |
| 31 : Digital Signatures |
241
| >> |
| 32 : Selection and Reservation of Name of LLP |
250
| >> |
| 33 : Registered Office of LLP |
293
| >> |
| 34 : Incorporation Document of LLP |
315
| >> |
| 35 : Limited Liability Partnership Agreement |
354
| >> |
| 36 : Procedure for Incorporating New LLP |
397
| >> |
| 37 : Fees Payable to Registrar of Companies |
400
| >> |
| 38 : Certificate of Incorporation |
403
| >> |
Part VII : Drafts of LLP Agreements |
406
| >> |
| 39 : Sample LLP Agreements |
407
| >> |
| 40 : Supplemental LLP Agreements |
420
| >> |
| 41 : Specimen Business Clauses |
424
| >> |
Part VIII : Conversion of Entities |
431
| >> |
| 42 : Conversion of Partnership Firm into Limited Liability Partnership |
432
| >> |
| 43 : Conversion of Private Company into Limited Liability Partnership |
445
| >> |
| 44 : Conversion of Unlisted Company into Limited Liability Partnership |
456
| >> |
| 45 : Conversion of LLP into a Company Authorised to Register Under Companies Act, 2013 |
466
| >> |
Part IX : Accounts, Audit & Investigation |
481
| >> |
| 46 : Financial Disclosures |
482
| >> |
| 47 : Audit |
496
| >> |
| 48 : Annual Return |
499
| >> |
| 49 : Preservation of Books, Registers and Records |
505
| >> |
| 50 : Procedure for Investigation |
534
| >> |
Part X : Foreign Limited Liability Partnership |
542
| >> |
| 51 : Reservation of Name of Foreign LLPs |
543
| >> |
| 52 : RBI’s Permission for Establishment of Place of Business in India |
546
| >> |
| 53 : Establishment of Place of Business by Foreign LLPs |
551
| >> |
| 54 : Alteration/Modification |
560
| >> |
| 55 : Other Provisions in Relation to Foreign LLPs |
567
| >> |
Part XI : Closure of LLP |
569
| >> |
| 56 : Defunct Limited Liability Partnership |
570
| >> |
| 57 : Introduction to Winding Up |
573
| >> |
| 58 : LLP (Winding Up and Dissolution) Rules, 2012 -- Overview |
576
| >> |
Book 3 -- Taxation of Partnership/ LLP Firm |
616
| >> |
Part XII : Introductory |
617
| >> |
| 59 : Income Tax Provisions Specifically Relevant to Taxation of Firm |
618
| >> |
| 60 : Basic Scheme of Taxation of Partnership Firm/LLP |
619
| >> |
Part XIII : Remuneration and Interest to Partners [Section 40b] |
622
| >> |
| 61 : Statutory Provision Regarding Allowability of Remuneration and Interest |
623
| >> |
| 62 : Remuneration to Partners -- Quantification and Allowability Thereof |
626
| >> |
| 63 : Computation of Book Profit for Purpose of Section 40b |
641
| >> |
| 64 : Condition As to Working Partner |
647
| >> |
| 65 : Remuneration Vis-a-Vis Applicability of Section 40A(2) |
654
| >> |
| 66 : Treatment of Remuneration in Hands of Partners |
662
| >> |
| 67 : Planning Regarding Remuneration to Partners |
664
| >> |
| 68 : Payment of Interest to Partners -- Allowability Thereof |
670
| >> |
| 69 : Planning As to Interest Payment |
682
| >> |
| 70 : TDS from Payments to Partners of Firm |
686
| >> |
Part XIV : Assessment of Firm and Its Partners |
687
| >> |
| 71 : Procedure for Assessment of Firm |
688
| >> |
| 72 : Assessment of Firm on Change in Constitution |
700
| >> |
| 73 : Assessment in Case of Succession of Firm |
709
| >> |
| 74 : Assessment on Dissolution of Firm or Discontinuance of Business |
716
| >> |
| 75 : Planning Through Dissolution of Partnership |
721
| >> |
| 76 : Determination of Total Income |
728
| >> |
| 77 : Maintenance of Books of Accounts by Firm |
733
| >> |
| 78 : Requirement As to Tax Audit |
736
| >> |
| 79 : Checklist for Relevant Clauses of Form 3CD |
755
| >> |
| 80 : Option As to Presumptive Taxation Scheme Available to Partnership Firm Carrying on Business |
761
| >> |
| 81 : Presumptive Taxation Scheme for Professional Enterprises [Section 44ADA] |
767
| >> |
| 82 : Filing of Return of Income By Firms |
770
| >> |
| 83 : Levy of Alternate Minimum Tax (AMT) |
777
| >> |
Part XV : Assessment of Partners |
783
| >> |
| 84 : Assessment of Partners’ Income |
784
| >> |
| 85 : Recovery of Tax Dues of Firm from Partner |
791
| >> |
| 86 : Taxability of Annual Value of Property Owned by Partner and Occupied by Firm for Business or Property Owned by Firm Itself |
794
| >> |
Part XVI : Capital Gains Vis-a-Vis Firms |
798
| >> |
| 87 : Contribution of Capital Asset to Firm [Section 45(3)] |
799
| >> |
| 88 : Transfer of Capital Asset on Dissolution of Firm [Section 45(4)] [Upto Assessment Year 2020-21] |
805
| >> |
| 89 : Tax Treatment of Distribution of Capital Asset or Money or Stock-in-Trade at Time of Dissolution or Reconstitution of Firm [Section 45(4) From Assessment Year 2021-22] |
810
| >> |
| 90 : Retirement of Partners |
832
| >> |
Part XVII : Miscellaneous Issues |
834
| >> |
| 91 : Cash Credit Vis-a-Vis Firm |
835
| >> |
| 92 : Applicability of Sections 269SS and 269T in Case of Firm |
855
| >> |
| 93 : Liability for Offence by Partnership Firm -- On Whom |
860
| >> |
| 94 : Losses, Set off and Carry Forward Vis-a-Vis Partnership Firm |
865
| >> |
| 95 : Miscellaneous Planning Ideas |
882
| >> |
Part XVIII : Case Studies |
891
| >> |
| 96 : Case Studies Relevant to Various Issues Vis-a-Vis Partnership Firm |
892
| >> |
Part XIX : Taxation of LLP |
905
| >> |
| 97 : Taxation of Limited Liability Partnerships [Sections 2(23), 6, 44AD, 44ADA & 167C] |
906
| >> |
| 98 : Conversion of Private Company or Unlisted Public Company into LLP -- Capital Gain Consequences |
916
| >> |