Section 304 — Liability of representative assessee
(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.
Related sections
- Section 302 — 1.—Legal representatives Legal representative
- Section 303 — 2.—Representative assessees—General provisions Representative assessee
- Section 305 — Right of representative assessee to recover tax paid
- Section 306 — Who may be regarded as agent
- Section 307 — Charge of tax where share of beneficiaries unknown
- Section 308 — Charge of tax in case of oral trust
- Section 309 — Method of computing a member’s share in income of association of persons or body of individuals
- Section 310 — Share of member of association of persons or body of individuals in income of association or body
- Section 311 — Charge of tax where shares of members in association of persons or body of individuals unknown, etc
- Section 312 — Executor
- Section 313 — Succession to business or profession otherwise than on death
- Section 314 — Effect of order of tribunal or court in respect of business reorganisation
- Section 315 — Assessment after partition of Hindu undivided family
- Section 316 — Shipping business of non-residents
- Section 317 — Assessment of persons leaving India
- Section 318 — Assessment of association of persons or body of individuals or artificial juridical person formed for a particular event or purpose
- Section 319 — Assessment of persons likely to transfer property to avoid tax
- Section 320 — Discontinued business
- Section 321 — Association dissolved or business discontinued
- Section 322 — Company in liquidation
- Section 323 — 13.—Private companies Liability of directors of private company
- Section 324 — 14.—Assessment of firms Charge of tax in case of a firm
- Section 325 — Assessment as a firm
- Section 326 — Assessment when section 325 not complied with
- Section 327 — 15.—Change in constitution, succession and dissolution Change in constitution of a firm
- Section 328 — Succession of one firm by another firm
- Section 329 — Joint and several liability of partners for tax payable by firm
- Section 330 — Firm dissolved or business discontinued
- Section 331 — 16.—Liability of partners of limited liability partnership in liquidation Liability of partners of limited liability partnership in liquidation
- Section 332 — Application for registration
- Section 333 — Switching over of regimes
- Section 334 — Tax on income of registered non-profit organisation
- Section 335 — Regular income
- Section 336 — Taxable regular income
- Section 337 — Specified income
- Section 338 — Income not to be included in regular income
- Section 339 — Corpus donation
- Section 340 — Deemed corpus donation
- Section 341 — Application of income
- Section 342 — Accumulated income
- Section 343 — Deemed accumulated income
- Section 344 — Business undertaking held as property
- Section 345 — Restriction on commercial activities by a registered non-profit organisation
- Section 346 — Restriction on commercial activities by registered non-profit organisation, carrying out advancement of any other object of general public utility
- Section 347 — Books of account
- Section 348 — Audit
- Section 349 — Return of income
- Section 350 — Permitted modes of investment
- Section 351 — Specified violation
- Section 352 — Tax on accreted income
- Section 353 — Other violations
- Section 354 — Application for approval for purpose of section 133(1)(b)(ii)
- Section 355 — Interpretation