Representative assessee

(1)

For the purposes of this Act, “representative assessee” means— 5 (a) in respect of the income of a non-resident specified in section 9, the agent of the non-resident, including a person who is treated as an agent under section 306;

(b)

in respect of the income of a minor or a person who is mentally ill or of unsound mind, the guardian or manager who is entitled to receive or is 10 in receipt of such income on behalf of such minor or a person who is mentally ill or of unsound mind ;

(c)

in respect of income which the Court of Wards, the Administrator-General, the Official Trustee or any receiver or manager (including any person, by whatever name called, who in fact manages 15 property on behalf of another) appointed by or under any order of a court, receives or is entitled to receive, on behalf or for the benefit of any person, such Court of Wards, Administrator-General, Official Trustee, receiver or manager;

(d)

in respect of income which a trustee appointed under a trust 20 declared by a duly executed instrument in writing whether testamentary or otherwise (including any wakf deed which is valid under the Mussalman Wakf Validating Act, 1913) receives or is entitled to receive on behalf or for the benefit of any person, such trustee or trustees;

(e)

in respect of income which a trustee appointed under an oral trust 25 receives or is entitled to receive on behalf or for the benefit of any person, such trustee or trustees.

(2)

For the purposes of sub-section (1)(d), a trust which is not declared by a duly executed instrument in writing (including any wakf deed which is valid under the Mussalman Wakf Validating Act, 1913) shall be deemed to be a trust declared 30 by a duly executed instrument in writing if a statement in writing, signed by the trustee or trustees, setting out the purpose or purposes of the trust, particulars as to the trustee or trustees, the beneficiary or beneficiaries and the trust property, is forwarded to the Assessing Officer,— (a) where the trust has been declared before the 1st June, 1981, within 35 three months from that day; and (b) in any other case, within three months from the date of declaration of the trust.

(3)

For the purposes of sub-section (1)(e), “oral trust” means a trust which is not declared by a duly executed instrument in writing (including any wakf deed 40 which is valid under the Mussalman Wakf Validating Act, 1913) and which is not deemed under sub-section (2) to be a trust declared by a duly executed instrument in writing.

(4)

Every representative assessee shall be deemed to be an assessee for the purposes of this Act. 45