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What is Recovery of tax in respect of non-resident from his assets? What is Assessment of persons leaving India? Section 173 and 174 of Income Tax Act 1961

Recovery of tax in respect of non-resident from his assets and Assessment of persons leaving India are defined under section 173 and 174 of Income Tax Act 1961. Provisions under these Sections are :

Section 173 of Income Tax Act "Assessment after partition of a Hindu undivided family"

Section 173. Without prejudice to the provisions of sub-section (1) of section 161 or of section 167, where the person entitled to the income referred to in clause (i) of sub-section (1) of section 9 is a non-resident, the tax chargeable thereon, whether in his name or in the name of his agent who is liable as a representative assessee, may be recovered by deduction under any of the provisions of Chapter XVII-B and any arrears of tax may be recovered also in accordance with the provisions of this Act from any assets of the non-resident which are, or may at any time come, within India.

 

Section 174 of Income Tax Act "Assessment of persons leaving India"

Section 174. (1) Notwithstanding anything contained in section 4, when it appears to the Assessing Officer that any individual may leave India during the current assessment year or shortly after its expiry and that he has no present intention of returning to India, the total income of such individual for the period from the expiry of the previous year for that assessment year up to the probable date of his departure from India shall be chargeable to tax in that assessment year.

(2) The total income of each completed previous year or part of any previous year included in such period shall be chargeable to tax at the rate or rates in force in that assessment year, and separate assessments shall be made in respect of each such completed previous year or part of any previous year.

(3) The Assessing Officer may estimate the income of such individual for such period or any part thereof, where it cannot be readily determined in the manner provided in this Act.

(4) For the purpose of making an assessment under sub-section (1), the Assessing Officer may serve a notice upon such individual requiring him to furnish within such time, not being less than seven days, as may be specified in the notice, a return in the same form and verified in the same manner as a return under clause (i) of sub-section (1) of section 142, setting forth his total income for each completed previous year comprised in the period referred to in sub-section (1) and his estimated total income for any part of the previous year comprised in that period; and the provisions of this Act shall, so far as may be, and subject to the provisions of this section, apply as if the notice were a notice issued under clause (i) of sub-section (1) of section 142.

(5) The tax chargeable under this section shall be in addition to the tax, if any, chargeable under any other provision of this Act.

(6) Where the provisions of sub-section (1) are applicable, any notice issued by the Assessing Officer under clause (i) of sub-section (1) of section 142 or section 148 in respect of any tax chargeable under any other provision of this Act may, notwithstanding anything contained in clause (i) of sub-section (1) of section 142 or section 148, as the case may be, require the furnishing of the return by such individual within such period, not being less than seven days, as the Assessing Officer may think proper.

Income Tax Act 1961

What is Liability of representative assessee? What is the Right of representative assessee to recover tax paid Section 161 and 162 of Income Tax Act 1961

Who may be regarded as agent? What is Charge of tax where share of beneficiaries unknown? Section 163 and 164 of Income Tax Act 1961

What is Charge of tax in case of oral trust? What is the case where part of trust income is chargeable? What is Direct assessment or recovery not barred? Section 164a, 165 and 166 of Income Tax Act 1961

What are Remedies against property in cases of representative assessees? What is Charge of tax in the case of a firm? What is Charge of tax where shares of members in association of persons or body of individuals unknown? Section 167, 167A and 167B of Income Tax Act 1961

What are Liability of partners of limited liability partnership in liquidation? Who are Executors? Section 167C and 168 of Income Tax Act 1961

What is Right of executor to recover tax paid? What is Succession to business otherwise than on death? Section 169 and 170 of Income Tax Act 1961

What is Assessment after partition of a Hindu undivided family? What is Shipping business of non-residents? Section 171 and 172 of Income Tax Act 1961

What is Recovery of tax in respect of non-resident from his assets? What is Assessment of persons leaving India? Section 173 and 174 of Income Tax Act 1961

What is Assessment of association of persons or body of individuals or artificial juridical person formed for a particular event or purpose? What is Assessment of persons likely to transfer property to avoid tax? Section 174A and 175 of Income Tax Act 1961

What is Discontinued business? What is Association dissolved or business discontinued? Section 176 and 177 of Income Tax Act 1961

What is Company in liquidation? What is Liability of directors of private company in liquidation? What is Royalties or copyright fees for literary or artistic work? Section 178, 179 and 180 of Income Tax Act 1961

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