Section 303 — Representative assessees —General provisions
Representative assessee
Old Act equivalent: Section 12 of IT Act 1961 Sub-part: Charitable Trusts and Institutions
Statutory Text
- (1) For the purposes of this Act, “representative assessee” means—
( a) in respect of the income of a non-resident specified in section 9, the
agent of the non-resident, including a person who is treated as an agent under section 306; ( b) in respect of the income of a minor or a person who is mentally ill or of unsound mind, the guardian or manager who is entitled to receive or is in receipt of such income on behalf of such minor or a person who is mentally ill or of unsound mind; ( c) 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 enti - tled to receive, on behalf or for the benefit of any person, such Court of Wards, Administrator-General, Official Trustee, receiver or manager; ( d) in respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or oth - erwise [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; ( e) 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. (2) For the purposes of sub-section (1)( d), 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 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,— ( a) where the trust has been declared before the 1st June, 1981, within
three months from that day; and ( b) in any other case, within three months from the date of declaration of the trust. (3) For the purposes of sub-section (1)( e), “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 sub-section (2) to be a trust declared by a duly executed instru - ment in writing. (4) Every representative assessee shall be deemed to be an assessee for the purposes of this Act. Liability of representative assessee.
Provisos
None.
Explanations
None.
Tables
None.
Cross-References
To be updated.
Notes
- Verification status: pending
- Auto-generated from IT Act 2025 PDF on 2026-04-13