www.Aaptaxlaw.com
 
 

 

What are Legal representatives? Who is Representative assessee? Section 159 and 160 of Income Tax Act 1961

Legal representatives Representative assessee are defined under section 159 and 160 of Income Tax Act 1961. Provisions under these Sections are :

Section 159 of Income Tax Act "Legal representatives"

Section 159. (1) Where a person dies, his legal representative shall be liable to pay any sum which the deceased would have been liable to pay if he had not died, in the like manner and to the same extent as the deceased.

(2) For the purpose of making an assessment (including an assessment, reassessment or recomputation under section 147) of the income of the deceased and for the purpose of levying any sum in the hands of the legal representative in accordance with the provisions of sub-section (1),-

(a) any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased;

(b) any proceeding which could have been taken against the deceased if he had survived, may be taken against the legal representative; and
(c) all the provisions of this Act shall apply accordingly.
(3) The legal representative of the deceased shall, for the purposes of this Act, be deemed to be an assessee.
(4) Every legal representative shall be personally liable for any tax payable by him in his capacity as legal representative if, while his liability for tax remains undischarged, he creates a charge on or disposes of or parts with any assets of the estate of the deceased, which are in, or may come into, his possession, but such liability shall be limited to the value of the asset so charged, disposed of or parted with.

 

(5) The provisions of sub-section (2) of section 161, section 162, and section 167, shall, so far as may be and to the extent to which they are not inconsistent with the provisions of this section, apply in relation to a legal representative.
(6) The liability of a legal representative under this section shall, subject to the provisions of sub-section (4) and sub-section (5), be limited to the extent to which the estate is capable of meeting the liability.

Section 160 of Income Tax Act "Representative assessee"

Section 160. (1) For the purposes of this Act, "representative assessee" means-
(i) in respect of the income of a non-resident specified in sub-section (1) of section 9, the agent of the non-resident, including a person who is treated as an agent under section 163;
(ii) in respect of the income of a minor, lunatic or idiot, the guardian or manager who is entitled to receive or is in receipt of such income on behalf of such minor, lunatic or idiot;
(iii) in respect of income which the Court of Wards, the Administrator- General, the Official Trustee or any receiver or manager (including any person, whatever his designation, who in fact manages property on behalf of another) appointed by or under any order of a court, receives or is entitled to receive, on behalf or for the benefit of any person, such Court of Wards, Administrator-General, Official Trustee, receiver or manager;
(iv) in respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise [including any wakf deed which is valid under the Mussalman Wakf Validating Act, 1913 (6 of 1913),] receives or is entitled to receive on behalf or for the benefit of any person, such trustee or trustees;
(v) in respect of income which a trustee appointed under an oral trust receives or is entitled to receive on behalf or for the benefit of any person, such trustee or trustees.
Explanation 1.-A trust which is not declared by a duly executed instrument in writing [including any wakf deed which is valid under the Mussalman Wakf Validating Act, 1913 (6 of 1913),] shall be deemed, for the purposes of clause (iv), to be a trust declared by a duly executed instrument in writing if a statement in writing, signed by the trustee or trustees, setting out the purpose or purposes of the trust, particulars as to the trustee or trustees, the beneficiary or beneficiaries and the trust property, is forwarded to the Assessing Officer,-
(i) where the trust has been declared before the 1st day of June, 1981, within a period of three months from that day; and
(ii) in any other case, within three months from the date of declaration of the trust.
Explanation 2.-For the purposes of clause (v), "oral trust" means a trust which is not declared by a duly executed instrument in writing [including any wakf deed which is valid under the Mussalman Wakf Validating Act, 1913 (6 of 1913),] and which is not deemed under Explanation 1 to be a trust declared by a duly executed instrument in writing.
(2) Every representative assessee shall be deemed to be an assessee for the purposes of this Act.

   
 

Income Tax Act 1961

What is Sanction for issue of notice? What is Other provisions? Section 151 and 152 of Income Tax Act 1961

What is Time limit for completion of assessments and reassessments? What is Assessment in case of search or requisition? Section 153 and 153A of Income Tax Act 1961

What is Time-limit for completion of assessment under section 153A? What is Assessment of income of any other person? Section 153B and 153C of Income Tax Act 1961

What is the meaning of Prior approval necessary for assessment in cases of search or requisition? What is Rectification of mistake? Section 153D and 154 of Income Tax Act 1961

What are other amendments? What is Notice of demand? Section 155 and 156 of Income Tax Act 1961

What is Intimation of loss? What is Intimation of assessment of firm? Section 157 and 158 of Income Tax Act 1961

What is Procedure when assessee claims identical question of law is pending before High Court or Supreme Court? Section 158A of Income Tax Act 1961

What is Procedure when in an appeal by revenue an identical question of law is pending before Supreme Court? Section 158AA of Income Tax Act 1961

What is search cases Definitions? What is Assessment of undisclosed income as a result of search? Section 158B and 158BA of Income Tax Act 1961

What is Computation of undisclosed income of the block period? What is the Procedure for block assessment? Section 158BB and 158BC of Income Tax Act 1961

What is Undisclosed income of any other person? What is Time limit for completion of block assessment? Section 158BD and 158BE of Income Tax Act 1961

What is the meaning of Certain interests and penalties not to be levied or imposed? What is Levy of interest and penalty in certain cases? Section 158BF and 158BFA of Income Tax Act 1961

What is the Authority competent to make the block assessment? What is Application of other provisions of this Act? What is the Chapter not to apply after certain date? Section 158BG, 158BH and 158BI of Income Tax Act 1961

What are Legal representatives? Who is Representative assessee? Section 159 and 160 of Income Tax Act 1961

 

Home     About Us     Privacy Policy     Disclaimer    Contact Us  Sitemap