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Microlesson · 5-min read

Definition of 'Person' [Section 2(31)], Assessee & Assessment

# Assessee, Assessment & the Seven Categories of 'Person'

## Assessee [Section 2(7)]

Any person liable to pay tax or any other sum under the Act. It includes:

  • Every person against whom assessment proceedings have been initiated — for their own income, another's income, losses, or refunds.
  • Deemed Assessees — persons treated as assessees under specific provisions (e.g. legal representative, agent).
  • Assessee in Default — those who fail to meet an obligation, such as not deducting or not depositing TDS.

> Key relationship: Every assessee is a person, but not every person is an assessee (a person becomes an assessee only when liability or proceedings arise).

## Assessment [Section 2(8)]

The procedure to determine an assessee's income and tax — covers both the normal assessment and the reassessment of previously assessed income.

## Definition of 'Person' [Section 2(31)] — the seven categories

#CategoryQuick note
1IndividualNatural persons (male/female), including minors and persons of unsound mind — assessed via guardian/representative
2HUFHindu Undivided Family (see detail below)
3CompanyWider than Companies Act meaning
4FirmIncludes partnerships and LLPs; minors admitted to benefits count too
5AOP / BOIAssociation of Persons / Body of Individuals
6Local AuthorityMunicipal boards, district committees, etc.
7Artificial Juridical PersonNon-human legal entities — universities, Bar Councils, deities

## HUF — deeper notes

  • A distinct taxable entity, even though HUF is not defined in the Act.
  • Consists of all male descendants of a common ancestor, their wives, and unmarried daughters.
  • Managed by the Karta (eldest member); coparceners (members within 4 generations) have rights in family property and can demand partition.
  • Daughters as coparceners: Since the 2005 amendment, daughters are coparceners by birth with equal rights. But a wife or daughter-in-law does not get coparcenary rights.
  • Formation by status, not agreement. Post-2005, even a single coparcener (male or female) can form an HUF.
  • Two schools of Hindu law:
  • Dayabhaga (West Bengal, Assam) — rights arise only on the death of the head.
  • Mitakshara (rest of India) — rights arise by birth, so each member has a share even while ancestors are alive.

## Artificial Juridical Person

Non-human entities with legal standing (universities, Bar Councils, deities). They are not natural persons and don't fit any other category — hence the residual head.

Worked example

### Example 1

Is a deity an assessee? A temple deity is an artificial juridical person under Section 2(31). If income is received in the deity's name and proceedings are taken, it becomes an assessee — illustrating that even a non-natural 'person' can be taxed.

### Example 2

Daughter's rights: In a Mitakshara HUF, a daughter born in 2010 is a coparcener by birth (post-2005 law) and can demand partition equally with her brothers; but her mother (the Karta's wife), being only a member and not a coparcener, cannot demand partition.

⚠️ Common exam mistakes

  • Treating 'person' and 'assessee' as identical — every assessee is a person, but not every person is an assessee.
  • Believing a wife or daughter-in-law is a coparcener — only lineal descendants (sons and, post-2005, daughters) are coparceners; wives/daughters-in-law are members only.
  • Forgetting that a Firm under the Act includes LLPs and partners include minors admitted to the benefits of partnership.
  • Confusing the two schools — Dayabhaga gives rights on death of the head; Mitakshara gives rights by birth.
Reference: Section 2(7), 2(8), 2(31)
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