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Who Is An Assessee?

Updated on: 06 Jan, 2025 12:16 PM

An assessee is a person who is liable to pay any tax or any sum of the amount payable or has any obligation to pay tax as per Section 2(7) of the Income Tax Act,1961.

Also, an assessee can be termed as each and every person for whom

  • Any proceedings have been taken under the act for the assessment of his income
  • Fringe benefits,
  • The income of any other person for whom he is considered accessible
  • Any loss sustained by him or by such other person or
  • A person is entitled to any tax refund.

This guide will help you understand the concept of an assessee under the Income Tax Act in detail.

The income of Mr. Rohan is Rs. 2,50,000 for the assessment year 2018-19. He does not file his return of income for the year as he is coming under the exempted slab. Here the Income Tax Department can not take any action against him. So he is not an assessee as no tax or any other sum is due from him for the given Assessment Year.
In the same case if he files his return of income to claim a refund of tax deducted on interest paid to him. Then B is considered as an assessee.


Who is a Person Under the Income Tax Act?

  1. Individual
  2. Hindu Undivided Family
  3. Partnership Firm
  4. Company
  5. Association of Persons(AOP) or Body of Individuals(BOI)
  6. Local Authority
  7. Artificial Judicial Body(not covered under any of the above-mentioned categories)

Classification of Assessee

As per the Income Tax Act, the assessee has been classified into different categories. For better understanding, we have given a description of the same-

  1. Normal Assessee
    An individual is considered to be a normal assessee when he is liable to pay tax for the income that is earned by him or the loss incurred by him in a Financial Year. Any person who is liable to pay any interest or penalty to the government or entitled to get any refund under the act is considered a normal assessee.
  2. Representative Assessee
    A person who is not only liable to pay taxes for his income or loss but for the income or loss of other persons also. As the name suggests, under this category assessee acts as a representative for the persons who may be able to pay their taxes due to some reasons. Examples of representative assessee are Guardian of Minors and Agent of NRIs.
  3. Deemed Assessee
    Individuals who are covered under deemed assessee are-
    1. Executors or legal heirs of the property will be treated as deemed assessee, where a deceased person dies after writing his will to the legal heirs and executors.
    2. Where a person dies without writing his or her will. In this case, his eldest son or if there is any other legal heir will be considered deemed assessee.
    3. Guardians of Minors, lunatics, or an idiot whose income is taxable as per the Income Tax Act, covered under deemed assessee.
    4. Any person who is acting as the agent of NRI having taxable income in India.
  4. Assessee in Default
    A person is said to be an assessee in default if he fails to comply with the duties imposed or fails to fulfill the statutory obligation under the Income Tax Act.
    For example- A person paying interest to another person is responsible for deducting TDS at source on this amount and depositing the tax with the government. If he did not follow any of these duties, he shall be deemed to be an assessee in default. Same way as per section 218, if a person does not pay advance tax(in case coming under that), then in this case, he shall be considered an assessee in default.

Responsibilities and Duties of an Assessee

Taxpayers must file their returns on time and pay taxes when due. However, they may sometimes miss the deadline for filing returns. In such cases, the Income Tax Department or the Assessing Officer may issue a notice asking for an explanation. Upon receiving the notice, the taxpayer must respond with a valid reason for the delay and promptly file the overdue return.

Here are the key responsibilities of a taxpayer after receiving a notice:

  1. File the Overdue Returns
    The taxpayer must immediately file the tax return for the assessment year mentioned in the notice.
  2. Review the Notice Grounds
    After filing, the taxpayer can obtain a copy from the Assessing Officer detailing the reasons for issuing the notice.
  3. File an Objection, if Necessary
    If the taxpayer disagrees with the grounds mentioned, they may file an objection questioning the notice’s validity. The objection must be supported by valid reasons.
  4. Request Additional Clarifications
    If the Assessing Officer rejects the objection, the taxpayer can request further explanations to address their concerns.
  5. Challenge the Notice Legally
    Taxpayers may contest the notice’s validity by filing a writ petition with the High Court before or after the assessment or reassessment is completed.
  6. Provide Required Details Promptly
    The taxpayer must submit details related to their income returns within 30 days from the date the notice was issued, not from the date it was received. The submission should include all relevant income details, particularly for the income where tax payment was avoided, to prevent future complications.

Any individual who is required to pay taxes is known as the income tax assessee. It is the assessee’s responsibility to file tax returns, pay taxes, and reply to income tax department letters. However, it can be complicated to file your tax returns yourself. If you are among those who find taxes complicated or need help e-filing your income tax return, our tax experts are here to maximize your savings and ensure accurate filing. Don't delay—Book your eCA today!


Frequently Asked Questions

Q- What do you mean by a representative assessee?

A representative assessee is considered deemed to be an assessee by virtue of section 160(2). These assessees are liable to pay taxes not for income earned by themselves but for other persons also. Example- Agents of NRI or Guardian of Minors etc.


Q- Who is an assessee in default?

An assessee will be in default if they don't pay the full amount demanded by the Income Tax Department under Section 156 within 30 days of receiving the notice.


Q- ow do I add a representative assessee to my income tax?

Log in to your account on the Income Tax website. Navigate to the ‘My Account’ tab and select ‘Add/Register as Representative’ to add a representative.


Q- What is the difference between AOP and BOI?

In an AOP (Association of Persons), a "person" can be an individual, a company, or any association or body of individuals. However, in a BOI (Body of Individuals), only individuals can be members. Therefore, while an AOP may include legal entities, a BOI consists solely of individuals.


Q- Is assessee always a person?

An individual is not considered an assessee if they are not required to pay taxes because their income does not fall under the taxable limit. Therefore, while every assessee is an individual, not every individual qualifies as an assessee.


Q- What is a corporate and non-corporate assessee?

Corporate assessees are businesses registered under the Companies Act of 1956 or 2013. All other assessees, except corporate assessees, are classified as non-corporate assessees. Non-corporate assessees include individuals and partnership firms.


Q- What is the assessee total income?

After clubbing and setting off losses, the total income is calculated under each of the five heads of income. The tax payable by an assessee is based on this total income. Gross total income refers to the income calculated before applying deductions under Chapter VIA of the Income Tax Act, of 1961.


Q- Can parents be representative assessee?

Parental guardianship or assessment is allowed, requiring parents to apply on behalf of their minor child. To do so, they must complete Form 49A. This form can also be used for an adult representative assessee. The parent's identity documents must be submitted along with the form.


Q- Are non-resident Indians (NRIs) classified as assessees?

Yes, NRIs are considered assessees if they have income arising in India, such as rental income, dividends, or capital gains, which are taxable under Indian income tax laws.


Q- Can a minor be considered an assessee in income tax?

A minor can be considered an assessee if their income, such as investment earnings, exceeds the basic exemption limit. While this income is usually clubbed with a parent's income, the minor is still recognized as a separate assessee.


Q- What distinguishes an assessee from a taxpayer in income tax law?

An assessee refers to any individual or entity subject to income tax laws. This includes taxpayers as well as those liable for penalties or undergoing assessments, even if no tax is due.


Q- Who is not an assessee?

A person must pay taxes on their income as per the Income Tax Act. In this case, their tax liability makes them an assessee. However, not every individual qualifies for assessment. For example, someone with no income is not considered an assessee.


Q- What do you mean by a representative assessee?

Section 160(2) defines a representative assessee as an individual who is liable to assessment on behalf of another person. These assessees are responsible for paying taxes on income earned not only from their own sources but also on behalf of others. Examples include guardians of minors or agents representing NRIs.


Q- What are the consequences if an assessee fails to file their income tax return?

If an assessee fails to file their income tax return, they may incur penalties, interest on unpaid taxes, and potential prosecution. The tax department may also issue a notice requesting the return or initiate an assessment based on the available information.


CA Abhishek Soni
CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.