Liability
of representative assessee.
161. (1) Every representative assessee, as regards the income in respect of
which he is a representative assessee, shall be subject to the same duties, responsibilities
and liabilities as if the income were income received by or accruing to or in
favour of him beneficially, and shall be liable to assessment in his own name
in respect of that income; but any such assessment shall be deemed to be made
upon him in his representative capacity only, and the tax shall, subject to the
other provisions contained in this Chapter, be levied upon and recovered from
him in like manner and to the same extent as it would be leviable upon and
recoverable from the person represented by him.
20[(1A) Notwithstanding anything contained in
sub-section (1), where any income in respect of which the person mentioned in
clause (iv) of sub-section (1) of section 160
is liable as representative assessee consists of, or includes, profits and
gains of business, tax shall be charged on the whole of the income in respect
of which such person is so liable at the maximum marginal rate :
Provided that the provisions of this sub-section shall not apply where such
profits and gains are receivable under a trust declared by any person by will
exclusively for the benefit of any relative dependent on him for support and
maintenance, and such trust is the only trust so declared by him.
21[***]
(2) Where any person is, in respect of any income,
assessable under this Chapter in the capacity of a representative assessee, he
shall not, in respect of that income, be assessed under any other provision of
this Act.
