INCOME TAX-I
Definition of Assessee
Section 2(7) of Income Tax Act. As per S.
2(7) of the Income Tax Act, 1961, unless
the context otherwise requires, the term
“Assessee” means a person who is
responsible for payment of any tax or any
other sum of money under this Act, and
includes
Meaning of Assessee
Assessee is a person (defined below) eligible to pay tax or any other
payment (like penalty or interest) to the government under the Income Tax
Act, 1961.
The definition of an assessee is not limited to the payment of taxes. Below
are a few situations where an assessee will not pay tax, but is still called an
assessee when the Income Tax department has started the process to
figure out:
the income or fringe benefits of the person
the income of someone else on whose behalf the person is liable to pay
tax
if the person has incurred a loss during the financial year, he can take the
benefit of carrying forward the losses to future years
the person is eligible for a tax refund
Types of Assessee
Normal Assessee:
A normal Assessee is an individual who is liable to pay taxes for the
income earned by him for a particular financial year. Each and every
Individual who has paid taxes in preceding years against the income
earned or losses incurred by him is liable to make payments to the
government in the form of tax. Any individual who is supposed to make
payments to the government in the form of interest or penalty or
anybody who is entitled to tax refund under the IT Act is an Assessee. All
such individuals are grouped under the category of Normal Assessee.
Types of Assessee
Representative Assessee:
Many times, it so happens that an individual is liable to pay taxes for
income or losses incurred not only by him, but also for income or losses
incurred by a third party. Such an individual is known as Representative
Assessee. Basically, he acts as a representative for people who
themselves are not in a position to file and pay their taxes themselves.
Generally, the people who need representatives are non-residents,
minors or lunatics. And the people representing them are either their
agents or guardians. Such people are deemed to be Representative
Assesses
Types of Assessee
Deemed Assessee:
Deemed Assessee is an individual who is put in a position to pay taxes for
some other person by the legal authorities. Generally, the individuals who
are treated as Deemed Assesses are:
The executors or the legal heir of the property of a deceased person, who in
written has passed on his property to the executor, is treated as a Deemed
Assessee.
The eldest son or any other legal heir of a deceased individual (who has
expired without writing his will) is treated as a Deemed Assessee.
The guardian of a minor, a lunatic or an idiot is treated as a Deemed
Assessee.
The agent of a Non-Resident Indian (having Income Sources in India) is
treated as a deemed Assessee.
Types of Assessee
Assessee-in-default:
An Assessee-in-default is an individual who has failed to fulfill his legal
duty of paying tax to the government. An employer is deemed to be an
Assessee in default if he fails to submit the TDS deducted by him to the
government. An employer is supposed to disburse salary to his
employees after deducting TDS from their salary and submit the same to
the government. However, if he fails to do so then he is treated as an
Assessee-in-default.