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Illustrations · Q5

Q.Define 'Assessee' under the Income Tax Act, 1961. Is every 'Person' under Section 2(31) automatically an 'Assessee'? Explain with reasons.

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Under Section 2(7), an Assessee is a person by whom income tax (or any other sum) is payable under the Act, or a person in respect of whom any proceeding has been taken for the assessment of income, a loss, or a refund, or who is deemed to be an assessee, or an assessee-in-default. Under Section 2(31), a Person is defined broadly to include an individual, a Hindu Undivided Family, a company, a firm, an association of persons/body of individuals, a local authority, and every other artificial juridical person. Every Assessee necessarily satisfies the definition of Person, since only a Person can be made liable to tax or proceeded against — but the reverse does not hold. A Person with no taxable income and against whom no proceeding has ever been taken (say, a person whose income …

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