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Report No. 12

174. Charge of tax where share of beneficiaries unknown.-

Where any income, in respect of which the persons mentioned in section 169(1) (iii) and (iv), [section 41(1) Part, as embodied in the clauses dealing with Court of Wards etc. and trustees in the newly added section defining representative assesseel are liable as representative assessees, or any part thereof, is not specifically receivable on behalf of any one person, or where the individual shares of the persons on whose behalf such income or such part thereof is receivable (which persons are hereinafter in this section referred to as the beneficiaries) are indeterminate or unknown,-

[Section 42(1), 1st proviso, earlier half, part]

(a) income-tax shall be charged-

(i) as if such income or such part thereof were the total income of an association of persons, or

[Section 41(1), 1st proviso, latter half, part]

(ii) if such income or such part thereof is received by a beneficiary, then at the rate or rates applicable to the beneficiary, as the Income-tax Officer may direct; and

[Section 41(1), 1st proviso, earlier half, modified]

(b) super-tax shall be charged as if such income or such part thereof were the total income of an association of persons.



Income-Tax Act, 1922 Back




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