Income-tax Act,1961
Act No : 43
Section :
Remedies against property in cases of representative assessees
167. Remedies against property in cases of representative assessees The 1[Assessing] Officer shall have the same remedies against all property of any kind vested in or under the control or management of any representative assessee as he would have against the property of any person liable to pay any tax, and in as full and ample a manner, whether the demand is raised against the representative assessee or against the beneficiary direct. 2[DD.-Firms, association of persons and body of individuals 167A.Charge of tax in the case of a firm In the case of a firm which is assessable as a firm, tax shall be charged on its total income at the maximum marginal rate.] ---------------------------------------------------------------------- 1 Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. 2. Substituted by the Finance Act, 1992, w.e.f. 1-4-1993. The Chapter sub-heading "DD.Association of persons special cases" was inserted by the Finance Act, 1981, w.e.f. 1-4-1981. It was omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989 but was reintroduced as "DD.-Association of persons and body of individuals" by the Direct Tax Laws (Amendment) Act, 1989, with effect from the same date. Section 167A was omitted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. Prior to the omission, section 167A, as substituted by the Finance Act, 1985, w.e.f. 1-4- 1985, read as under: "167A. Charge of tax where shares of members unknown.-Where the individual shares of the members of an association of persons (other than a company or cooperative society) in the whole or any part of the income of such association are indeterminate or unknown, tax shall be charged on the total income of the association at the maximum marginal rate. Explanation.-For the purposes of this section,- (a) maximum marginal rate" shall have the meaning assigned to it in Explanation 2 below sub-section (3) of section 164; (b) the individual shares of the members of an association of persons in the whole or any part of the income of such association shall be deemed to be indeterminate or unknown if such shares (in relation to the whole or any part of such income) are indeterminate or unknown on the date of formation of such association or at any time thereafter." Section 167A was originally inserted by the Finance Act, 1981, w.e.f. 1-4-1981. ---------------------------------------------------------------------- 1.585 1[167B. Charge of tax where shares of members in association of persons or body of individuals unknown, etc.2 (1) Where the individual shares of the members of an association of persons or body of individuals (other than a company or a co- operative society or a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any law corresponding to that Act in force in any part of India) in the whole or any part of the income of such association or body are indeterminate or unknown, tax shall be charged on the total income of the association or body at the maximum marginal rate: Provided that, where the total income of any member of such association or body is chargeable to tax at a rate which is higher than the maximum marginal rate, tax shall be charged on the total income of the association or body at such higher rate. (2) Where, in the case of an association of persons or body of individuals as aforesaid [not being a case falling under sub-section (1)],- (i) the total income of any member thereof for the previous year (excluding his share from such association or body) exceeds the maximum amount which is not chargeable to tax in the case of that member under the Finance Act of the relevant year, tax shall be charged on the total income of the association or body at the maximum marginal rate; (ii) any member or members thereof is or are chargeable to tax at a rate or rates which is or are higher than the maximum marginal rate, tax shall be charged on that portion or portions of the total income of the association or body which is or are relatable to the share or shares of such member or members at such higher rate or rates, as the case may be, and the balance of the total income of the association or body shall be taxed at the maximum marginal rate. Explanation.-For the purposes of this section, the individual shares of the members of an association of persons or body of individuals in the whole or any part of the income of such association or body shall be deemed to be indeterminate or unknown if such shares (in relation to the whole or any part of such income) are indeterminate or unknown on the date of formation of such association or body or at any time thereafter.] E.-Executors
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