Section 2(24)(iva)

Dear Friends

Section 2(24)(iva) says

Income includes

(iva) the value of any benefit or perquisite, whether convertible into money or not, obtained by any representative assessee mentioned in clause (iii) or clause (iv) of sub-section (1) of section 160 or by any person on whose behalf or for whose benefit any income is receivable by the representative assessee (such person being hereafter in this sub-clause referred to as the "beneficiary") and any sum paid by the representative assessee in respect of any obligation which, but for such payment, would have been payable by the beneficiary ;

 

My question are

1) income will be considered in whose hands

(a) when perquiste received by reprsentative assessee

(b) when perquiste received by beneficairy

(c) sum paid by representaive assessee on behalf of beneficiary

 

regards

shivani

Replies (3)

Income will be of that person but tax to be levied and collected from the representative assessee. Read Section 161

but at the same time the representative assessee has the right to recover the tax from the person he is representing. Read section 162

Dear Ashok

You mean in all the above 3 cases, income will be that of the representative assessee?

regards

Bluntly speaking Yes. But it should not be understood that way. Tax on such income will be charged on the Representative Assessee(RA) in the representative capacity. If he has any other income, these income will not be added to his income. Implying the RA will have to pay taxes and comply with procedures on dual capacities. Nevertheless he has the right to recover the tax paid from the assessee he is representing

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