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Chapter XVII - Special Provisions Relating to Certain Persons

Section 324

Section 324: charge of tax in the case of a firm

Section 324 is a short charging provision: where a firm is assessable as a firm (as opposed to some other status), tax on its total income is charged at the rate specified in the relevant Central Act (typically the annual Finance Act) for that tax year.

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Need advice on Section 324?

This article is for general information. Refer to the Income-tax Act, 2025 as amended by the Finance Act, 2026 and the Taxation and Other Laws (Amendment) Act, 2026 for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

In the case of a firm which is assessable as a firm, tax shall be charged on its total income at the rate as specified in any Central Act for relevant tax year.

Introduction

Section 324 states the tax-charge rule for a firm that is assessable as a firm. Tax is charged on that firm’s total income at the rate specified by a Central Act for the relevant tax year.

The section intentionally does not give a fixed percentage. The applicable rate must be taken from the Central Act for the year, while the question whether the entity is assessable as a firm is addressed in the adjacent firm-assessment provisions.

Key takeaways

1

Firm status is the entry condition

The section applies to a firm that is assessable as a firm.

2

Charge on total income

The rate is applied to the firm’s total income, not to a single category of receipt identified by this provision.

3

Rate comes from another Central Act

Section 324 points to the rate specified for the relevant tax year; it does not prescribe a permanent numeric rate.

The rule

In the case of a firm which is assessable as a firm, tax is charged on its total income at the rate specified in any Central Act for the relevant tax year.

When this provision applies

Begin with the firm’s assessment status and the relevant tax year. Section 325 deals with the instrument, specified partner shares and associated requirements; Section 324 then identifies the statutory basis for charging tax on the firm’s total income.

Calculate total income under the applicable computation provisions before applying the relevant rate. Accounting profit, turnover and the amount distributed to partners are different measures and should not be substituted for total income.

Limits and procedural safeguards

Section 324 does not itself prescribe a permanent percentage or settle surcharge, cess or the treatment of a separately taxed income category. Check the applicable Central Act and other relevant charging provisions for the particular year and income.

This section does not grant a deduction for every partner payment or determine the partners’ personal tax treatment. Keep the firm’s computation, Section 325 compliance and any Section 326 consequence distinct from the partners’ computations.

Step-by-step review

1. Confirm the relevant tax year and the basis for assessment as a firm.

2. Prepare the total-income computation, identifying deductions and any income requiring separate treatment.

3. Locate the applicable Central Act rate provisions for that year and apply the relevant conditions.

4. Reconcile the tax calculation, applicable additional levies and payments or credits separately.

Hypothetical example

Hypothetical illustration: a firm has accounting profit of ₹12 lakh but an assumed correctly computed total income of ₹14 lakh after tax adjustments. Section 324 directs attention to the total-income figure and the applicable year’s Central Act rate provisions; it does not authorise applying a remembered percentage to the ₹12 lakh book profit.

Records to prepare

The partnership instrument, partner shares and applicable Section 325 compliance evidence.

A reconciliation from accounting profit to total income, with separately treated income identified.

The relevant Central Act rate provisions and a traceable tax computation.

Official amended Act source

Step-by-step flow for charging tax on a firm under Section 324

  1. 1

    Is the firm assessable as a firm?

    Check the conditions in Section 325 (partnership instrument specifying shares, certified copy with the return).

    • No: Section 324 does not apply; see the related section on assessment when Section 325 is not complied with.
    • Yes: Go to the next step.
  2. 2

    Compute the firm's total income

    Compute total income under the provisions of the Act, which may differ from the accounting profit.

  3. 3

    Find the rate

    Section 324 takes the rate specified in any Central Act for the relevant tax year. It does not itself state a rate.

  4. 4

    Charge tax

    Apply that rate to the firm's total income for the tax year.

Practical checklist

Do

  • Compute the firm’s total income before applying the rate in the applicable annual tax law.
  • Check partner-level treatment separately under the relevant provisions.
  • The partnership instrument, partner shares and applicable Section 325 compliance evidence.
  • A reconciliation from accounting profit to total income, with separately treated income identified.
  • The relevant Central Act rate provisions and a traceable tax computation.

Avoid

  • Assume the firm’s rate is fixed in section 324 for every tax year.

Illustrative example

Worked example: from book profit to the charge

Hypothetical facts (illustration only, not a real taxpayer): A partnership firm meets the Section 325 conditions. For tax year 2026-27 its book profit is an assumed ₹50,00,000, and an assumed ₹1,50,000 of expenses is not allowable under the Act.

  1. Status

    The firm is assessable as a firm, so Section 324 applies.

  2. Total income

    Illustrative total income = ₹50,00,000 + ₹1,50,000 = ₹51,50,000.

  3. Rate

    The rate is the one specified in the Central Act for 2026-27. It is not stated in Section 324 and is not assumed here.

  4. Charge

    Tax = ₹51,50,000 × that rate.

Outcome

  • Tax is charged on ₹51,50,000 at the rate in the relevant Central Act.

Glossary

Total-income computation
The calculation of taxable total income under the Act, which may differ from accounting profit.
Relevant tax-year rate
The rate applicable under the relevant Central Act for the tax year being assessed.

Section 324 charges a firm assessable as a firm on its total income at the rate set by the relevant Central Act for that tax year.

Frequently asked questions

What tax rate does a firm pay under Section 324?

The rate specified in the relevant Central Act (such as the annual Finance Act) for that tax year - Section 324 itself does not fix a numeric rate, it points to whatever rate the Central Act prescribes for firms in that year.

Does Section 324 apply to every firm?

It applies to a firm which is assessable as a firm. Section 325 sets the relevant conditions, while Section 326 specifies the computation consequences of non-compliance with Section 325.

Can I apply the rate directly to turnover?

Section 324 charges tax on total income. Turnover is not a substitute for the required total-income computation.

Does this section alone decide whether partner remuneration is deductible?

No. Check the applicable deduction conditions and Sections 325–326 separately.

Need help applying this provision to your situation?

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Last updated 10 October 2026