Definition of persons under IT Act 1961



Quick Summary
The Income-tax Act 1961 defines a 'person' broadly, encompassing not just natural individuals but also artificial judicial entities. This includes individuals, partnership firms (including LLPs), Hindu Undivided Families (HUF), companies, associations of persons, local authorities, and any other artificial judicial person. An assessee is anyone liable to pay tax or dues under the act.

According to section 2(31) of the Income-tax Act a 'person' includes:

  • Individuals
  • Partnership Firms
  • HUF
  • Company
  • Association of person or body of individuals whether incorporated or not
  • Local authorities
  • Any other artificial judicial person not falling under any of the above sub sections

An assessee is a person who is liable to pay any tax or any other dues mentioned under the act.

However, from the above section, it can be noted that a person not only includes natural person but also an artificial judicial person.

Who is a  Person  Under IT Act 1961  Definition Explained

Types of persons mentioned under the sections are defined as below

1. Individuals: Individuals refers to natural human beings whether

2. Male or female or transgender

3. Major or minor

4. Resident or non-resident

5. Partnership Firm: A partnership is a contractual relationship between two or more individuals that have agreed to carry on a business represented by all or any one of them acting on behalf of all with an objective to share the profits obtained from the business.  LLP is considered or taxed as a firm under the Income-tax Act, 1961.

6. HUF: Hindu Undivided Family (HUF) is a family-owned business covered as per the rules of Hindu laws that consists of all persons lineally descended from the same family having its head as Karta and members as coparceners. Jain and Sikh families are also considered as HUF under this act.

 

7. Company: Company is a legal judicial entity that is formed under the Companies Act, 2013 or any other previous act. Companies include

  • Any Indian company
  • Foreign company
  • Parent, Associate or subsidiary company
  • Statutory company
  • Government company
  • Any other sort of company
 

8. Association of persons or body of Individuals: Association of persons means a group of people who have come together for achieving a common goal by working in the same direction. Members of AOP can be natural or judicial persons.

9. Local authorities: Local authorities are an organization that is officially responsible for public services formed for providing services in a particular area.

Authored by Adv Shivam Kumar       


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About the Author

Taxblock is One stop solution to ITR, GST, U.S Tax, NRI, EXPAT, TDS, Tax Planning and many more for Individual & Business

Taxblock India Private Limited, founded in 2019, is a fintech startup located in Pune, Maharashtra. We are enrolled as an E-Return Intermediary with Income Tax Department have established an In-House team of Technology Tax Experts to build a Financial Compliance Ecosystem for Individual Corporates. Our clients cho ... Read more

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