As per the schedule of the Maharashtra PT Act, each coparcener, not being a minor, is required to enroll under the PT Act and pay Rs. 2,500/- as tax. However, it is not clear whether a Karta of HUF is required to be enrolled.
I have come across an instance where the Karta of HUF is already holding an enrollment certificate for himself and paying tax annually. But even then, apart from PT registration, a separate enrollment is being mandated in the name of the Karta for a business started by the HUF.
Is this correct as per the act? If not, can the Karta request for the PT already paid under this enrollment, against proof that he is already enrolled as a person and paying PT.
From India, Mumbai
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1I have come across an instance where the Karta of HUF is already holding an enrollment certificate for himself and paying tax annually. But even then, apart from PT registration, a separate enrollment is being mandated in the name of the Karta for a business started by the HUF.
Is this correct as per the act? If not, can the Karta request for the PT already paid under this enrollment, against proof that he is already enrolled as a person and paying PT.
From India, Mumbai
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Dear Powercube,
The Maharashtra State Tax on Profession, trade Act 1975, section 5(2) entry 21 says that each co-parcener excluding minors of HUF is required to obtain PT enrollment number and pay the tax accordingly. Karta is the senior-most male member in HUF who is one of the co-parceners and is liable as per section 5(2) as stated above. However, he need not pay double tax. If he is paying tax under PTE as a karta, he can have an exemption from paying tax under any other entry or under employment, i.e., under PTR.
I am not an expert in this subject. The above is my understanding on reading the Act. Members can correct me if I am wrong or make value addition to my views.
From India, Mumbai
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The Maharashtra State Tax on Profession, trade Act 1975, section 5(2) entry 21 says that each co-parcener excluding minors of HUF is required to obtain PT enrollment number and pay the tax accordingly. Karta is the senior-most male member in HUF who is one of the co-parceners and is liable as per section 5(2) as stated above. However, he need not pay double tax. If he is paying tax under PTE as a karta, he can have an exemption from paying tax under any other entry or under employment, i.e., under PTR.
I am not an expert in this subject. The above is my understanding on reading the Act. Members can correct me if I am wrong or make value addition to my views.
From India, Mumbai
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Professional Tax Slabs applicable in Maharashtra.doc x
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