The Income-Tax Act, 1961

167. Remedies against property in cases of representative assessees.-

The ¹[Assessing Officer] shall have the same remedies against all property of any kind vested in or under the control or management of any representative assessee as he would have against the property of any person liable to pay any tax, and in as full and ample a manner, whether the demand is raised against the representative assessee or against the beneficiary direct.

1. Subs. by Act 4 of 1988, s. 2, for "Income-tax Officer" (w.e.f. 1-4-1988).

²[DD.-Firms, association of persons and body of individuals

167A.Charge of tax in the case of a firm.-

In the case of a firm which is assessable as a firm, tax shall be charged on its total income at the ³[rate as specified in the Finance Act of the relevant year].]

2. Subs. by Act 18 of 1992, s. 64, for the sub-heading "DD.-Association of persons and body of individuals" (w.e.f. 1-4-1993).

3. Subs. by Act 26 of 1997, s. 44, for "maximum marginal rate" (w.e.f. 1-4-1998).

⁴[167B.Charge of tax where shares of members in association of persons or body of individuals unknown, etc.-

(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.]

4.Ins. by Act 3 of 1989, s. 28 (w.e.f. 1-4-1989).

¹[167C. Liability of partners of limited liability partnership in liquidation.-

Notwithstanding anything contained in the Limited Liability Partnership Act, 2008 (6 of 2009), where any tax due from a limited liability partnership in respect of any income of any previous year or from any other person in respect of any income of any previous year during which such other person was a limited liability partnership cannot be recovered, in such case, every person who was a partner of the limited liability partnership at any time during the relevant previous year, shall be jointly and severally liable for the payment of such tax unless he proves that the non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the limited liability partnership.]

²[Explanation.-For the purposes of this section, the expression "tax due" includes penalty, interest or any other sum payable under the Act.]

1. Ins. by Act 33 of 2009, s. 59 (w.e.f. 1-4-2010).

2. Ins. by Act 17 of 2013, s. 44 (w.e.f. 1-6-2013).

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