India - Income Tax Act 2010 - Saarc

S. 160 I.T. ACT, 1961 1.712(b) any proceeding which could have been taken against the deceased ifhe had survived, may be taken against the legal representative; and(c) all the provisions of this Act shall apply accordingly.(3) The legal representative of the deceased shall, for the purposes of this Act, bedeemed to be an assessee.(4) Every legal representative shall be personally liable for any tax payable byhim in his capacity as legal representative if, while his liability for tax remainsundischarged, he creates a charge on or disposes of or parts with any assets 14 ofthe estate of the deceased, which are in, or may come into, his possession, butsuch liability shall be limited to the value of the asset so charged, disposed of orparted with.(5) The provisions of sub-section (2) of section 161, section 162, and section 167,shall, so far as may be and to the extent to which they are not inconsistent withthe provisions of this section, apply in relation to a legal representative.(6) The liability of a legal representative under this section shall, subject to theprovisions of sub-section (4) and sub-section (5), be limited to the extent to whichthe estate is capable of meeting the liability.Representative assessee. 15B.—Representative assessees - General provisions160. (1) For the purposes of this Act, “representative assessee” means—(i) in respect of the income of a non-resident specified in 16 [***] subsection(1) of section 9, the agent of the non-resident, including aperson who is treated as an agent under section 163;(ii) in respect of the income of a minor, lunatic or idiot, the guardian ormanager who is entitled to receive or is in receipt of such income onbehalf of such minor, lunatic or idiot;(iii) in respect of income which the Court of Wards, the Administrator-General, the Official Trustee or any receiver or manager (includingany person, whatever his designation, who in fact manages propertyon behalf of another) appointed by or under any order of a court,receives or is entitled to receive, on behalf or for the benefit ofany person, such Court of Wards, Administrator-General, OfficialTrustee, receiver or manager;(iv) in respect of income which a trustee 17 appointed under a trustdeclared by a duly executed instrument in writing whether testamentaryor otherwise [including any wakf 17 deed which is valid under theMussalman Wakf Validating Act, 1913 (6 of 1913),] receives or isentitled to receive on behalf or for the benefit of any person, suchtrustee or trustees;14. For the meaning of the term “assets”, see Taxmann’s Direct Taxes Manual, Vol. 3.15. For relevant case laws, see Taxmann’s Master Guide to Income-tax Act.16. “clause (i) of” omitted by the Finance Act, 1976, w.e.f. 1-6-1976.17. For the meaning of the terms “trustee” and “wakf”, see Taxmann’s Direct Taxes Manual,Vol. 3.