Assesse means a person by whom any tax as any
other sum of money (penalty or interest) is payable under the Act. The term
includes the following persons:
1. A person by whom any tax as any other
sum of money (including interest and penalty) is payable under the act
(irrespective of the fact whether any proceeding under the act has been taken
against him or not)
2. A person in respect of whom any
proceeding under the Act has been taken (whether as not he is liable for any
tax, interest as penalty) proceeding may be taken.
(a) Either fees the assessment of the
amount of his income or the loss sustained by him
(b) Of the income (or loss) of any other
person in respect of whom he is assessable.
(c) Of the amount refund due to him as to
such other person.
3. Every person who is deemed to be an
assessee. Fees instance, a representative assessee is deemed to be an assesse
by virtue of section 160(2).
4. Every person who is deemed to be an assessee
in default under any provision of the Act. For instance under section 201(1)
any person who does not deduct tax at source, or other deducting fails to pay
such tax, is deemed to be an assessee in default. Likewise under section 218,
if a person does not pay, advance tax, then he shall be deemed to be an
assessee in default.
Types of Assessee in Income Tax
Normally there are two types of Assessee
in Income Tax Law they are :
1. Deemed Assessee
2. Assessee in default
3. Normal assessee
4. Representative assessee
Now let let
us know what is the meaning of Deemed Assessee, Assessee in default, Normal
assessee and Representative assessee.
Deemed Assessee: A person who is deemed to
be an assessee for some other person is called ‘deemed assessee’. For example:
1. If after the death of a person, his
legal representative will be treated as an assessee for the income of the
deceased on which tax has not been paid by the deceased before his death.
2. A person representing a foreign or a
minor or a lunatic is treated as an assessee for the income of such foreigner
or minor or lunatic.
Assessee in Default: When a person is
responsible for doing some work under the Act and he fails to do if, he is
called as “assessee in default”. For example if a person while making any
payment to another person, is liable to deduct income tax thereon at source,
doesnot deduct income tax thereon or having deducted it, does not deposit it in
the government trearury, he will be treated as an assessee in default for the
income tax purpose.
Normal Assessee: An individual person who
have to pay the income tax on the income earned by him on a particular
financial year. Every person has to pay the tax whether they are in profit or
losses.
Representative Assessee: The person not
only have to pay his income tax only but also for the income or losses third
party , they are known as Representative assessee.
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