Section 304 — Liability of representative assessee
Old Act equivalent: Section 12A of IT Act 1961 Sub-part: Charitable Trusts and Institutions
Statutory Text
- (1) Every representative assessee, as regards the income in respect of which
he is a representative assessee, shall be subject to the same duties, responsi - bilities and liabilities as if the income were income received by or accruing to or in favour of him beneficially and for this purpose,— ( a) the representative assessee shall be liable to assessment in his own name in respect of that income and any such assessment shall be deemed to be made upon him in his representative capacity only; and ( b) the tax on such income shall, subject to the other provisions contained in this Chapter, be levied upon and recovered from the representative assessee in like manner and to the same extent as it would be leviable upon and recoverable from the person represented by him. (2) If any person, in respect of any income is assessable under this Chapter in the capacity of a representative assessee, then he shall not, in respect of that income, be assessed under any other provisions of this Act. 31(3) Irrespective of the provisions of this Chapter, the Assessing Officer may directly assess the person on whose behalf or for whose benefit income therein referred to is receivable, or may recover from such person the tax payable in respect of such income. (4) If only part of the income of a trust is chargeable under this Act, then the pro - portion of income receivable by a beneficiary from such trust derived from the chargeable part shall be determined as follows:— A × C, B Where,— A = the chargeable part of the income of the trust; B = the whole income of the trust; and C = the income receivable by the beneficiary from the trust. (5) The Assessing Officer shall have the same remedies in the same manner against all property of any kind vested in or under the control or management of any rep - resentative assessee as he would have against the property of any person liable to pay any tax, whether the demand is raised against the representative assessee or against the beneficiary direct. Right of representative assessee to recover tax paid.
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