61[Charge of tax where shares of members in association of persons or
body of individuals unknown, etc.
62167B. (1) Where the
individual shares of the members of an association of persons or body of
individuals (other than a company or a co-operative society or a society
registered under the Societies Registration Act, 1860 (21 of 1860) or under any
law corresponding to that Act in force in any part of India) in the whole or
any part of the income of such association or body are indeterminate or
unknown, tax shall be charged on the total income of the association or body at
the maximum marginal rate :
Provided that, where the total income of any member of such association or body
is chargeable to tax at a rate which is higher than the maximum marginal rate,
tax shall be charged on the total income of the association or body at such
higher rate.
(2) Where, in the case of an association of
persons or body of individuals as aforesaid [not being a case falling under
sub-section (1)],—
(i) the total income of any member thereof for
the previous year (excluding his share from such association or body) exceeds
the maximum amount which is not chargeable to tax in the case of that member
under the Finance Act of the relevant year, tax shall be charged on the total
income of the association or body at the maximum marginal rate;
(ii) any member or members thereof is or are chargeable
to tax at a rate or rates which is or are higher than the maximum marginal
rate, tax shall be charged on that portion or portions of the total income of
the association or body which is or are relatable to the share or shares of
such member or members at such higher rate or rates, as the case may be, and
the balance of the total income of the association or body shall be taxed at
the maximum marginal rate.
Explanation.—For the purposes of this section, the individual shares of the members
of an association of persons or body of individuals in the whole or any part of
the income of such association or body shall be deemed to be indeterminate or
unknown if such shares (in relation to the whole or any part of such income)
are indeterminate or unknown on the date of formation of such association or
body or at any time thereafter.]