Section 160 of the Income Tax Act

Income-tax Act, 2025: s.303

Section 160 of the Income-tax Act, 1961 corresponds to section 303 (Representative assessee) of the Income-tax Act, 2025.

Read section 303 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 160 is CIT v. Karnataka Urban Infrastructure Development and Finance Corporation (284 ITR 582), cited in 73 of the 51 judgments on BharatTax that turn on this section.

Leading authorities on Section 160

CIT v. Karnataka Urban Infrastructure Development and Finance Corporation
284 ITR 582 · 2006 · High Court
73
citing judgments

Funds received by an entity acting as a nodal agency or agent of the government for implementing specific government schemes, or income generated from such funds (like lease premiums or interest), are not taxable in the hands of the agency if held on behalf of or remitted to the government.

CWT v. Trustees of H.E.H. Nizam’s
108 ITR 555 · 1977 · Supreme Court
46
citing judgments

Where the shares of beneficiaries in a trust are determinate, trustees must be assessed separately for each beneficiary's share, treating each beneficiary as an individual. The income is then taxed at the marginal rate applicable to individuals, not at the maximum rate for an association of persons.

City and Industrial Development Corporation of Maharashtra Ltd. v. ACIT
25 Taxmann.com 333 · 2012 · ITAT
36
citing judgments

Revenue authorities are not justified in assessing business income in the hands of an entity engaged in construction and development of residential and commercial structures entirely on behalf of the State, as such income constitutes income of the State and is not exigible to income tax. This principle was affirmed by the jurisdictional High Court, affirming the Tribunal's decision.

CIT v. Sae Head Office Monthly Paid Employees Welfare Trust
271 ITR 159 · 2004 · High Court
30
citing judgments

Beneficiaries of a trust do not set up the trust, and trustees derive authority from the trust deed, meaning neither trustees nor beneficiaries form an association for a common purpose solely due to their existence.

CIT v. Shree Krishna Bandar Trust
247 ITR 1 · 2001 · High Court
23
citing judgments

An Assessing Officer can rectify a mistake apparent from the record under Section 154 if the assessee is erroneously taxed at individual rates when it should have been taxed as an AOP.

CIT v. Smt. Kamalini Khatau
45 Taxmann.com 552 · 2014 · Supreme Court
8
citing judgments
Mrs. Amy F. Cama v. CIT
237 ITR 82 · 1999 · High Court
4
citing judgments
247 ITR 1/114 Taxman 666 (Bom.), L R. Patel Family Trust v. ITO
262 ITR 520 · 2003 · High Court
3
citing judgments

Judgments on Section 160