Meaning of tax terms
Meaning of “Assessee”
Case Name : Addl. Ito vs. E. Alfred
Citation : [1962] 44 itr 442 (sc)
Court : Supreme court
Section : 2(7)
Meaning : Assessee’ includes even a legal representative who is to pay the tax, though out of the assets of the deceased person.
Case Name : Ito vs. Deepak family trust no. 1
Citation : [1988] 32 Ttj (ahd. – Trib.) 237
Court : Itat-ahmedabad
Section : 2(7)
Meaning : The term ‘assessee’ as defined in section 2(7) is wider in scope and meaning than the term ‘person’ as defined in section 2(31) of the act.
Case Name : Cit vs. Shri manakram
Citation : [1990] 183 itr 382 (mp)
Court : Madhya pradesh high court
Section : 2(7)
Meaning : Term ‘assessee’ should cover a person who is liable for assessment of income belonging to his minor children which is fictionally treated as his income for purposes of assessment.
Case Name : Cit vs. Buckingham & carnatic co. Ltd.
Citation : [1935] 3 Itr 384 (pc)
Court : Pondicherry high court
Section : 32
Meaning : The ‘assessee’ for the purposes of section 10(2)(vi) of the 1922 act is the person who owns the property in question and who is being assessed and the depreciation is to be based on the original cost of such property to such person.
Case Name : Smt. Vasantikaben j. Dave vs. Ito
Citation : [1989] 28 itd 220/
Court : Itat-ahmedabad
Section : 54e
Meaning : If the word ‘assessee’ is interpreted in a way that when the question of identifying the recipient of the capital gain on the transfer of the capital asset arises, the word ‘assessee’ signifies a particular person as recipient but when the question of investment or deposit of the net consideration in any specified asset by the recipient is considered, the same word ‘assessee’, without any change in facts, law or circumstances, signifies another person or persons, such a construction of the word ‘assessee’ in the language of section would lead to absurdity.
Case Name : Wilson industries vs. Cit
Citation : [2003] 259 itr 318 (mad.)
Court : Madras high court
Section : 155
Meaning : The ‘assessee’ referred to in section 155(4a)(b) is the assessee who had claimed and obtained the benefit of investment allowance.
Case Name : Cit vs. Jagat ram om prakash
Citation : [1979] 116 itr 266 (punj. & Har.)
Court : Punjab & hariyana high court
Section : 36
Meaning : The expression ‘assessee’ in section 36(2)(i)(a) has to be interpreted keeping in view the interpretation of section 187 regarding reconstituted firm or the succeeding firm as the case may be.
Case Name : Mir gulam ali khan vs. Cit
Citation : [1986] 28 taxman 572 (ap)
Court : Andhra pradesh high court
Section : 54
Meaning : The word ‘assessee’ in section 54 must be given a wide and liberal interpretation so as to include his legal heirs also.
Case Name : Cit vs. N. Kannaiyiram
Citation : [1998] 147 ctr (mad.) 267
Court : Madras high court
Section : 54
Meaning : The expression, ‘assessee’ in section 54 should also be interpreted to include an ‘huf’ with a sole surviving coparcener with female members having right of maintenance.
