Section-312: Executor

Section-312 : Executor

Section-312 seeks to provide for the chargeability of tax on the income of the estate of the deceased in the hands of the Executor and the right of the executor to recover the tax paid. Learn to understand the section-312 as it is, it's help and useful links to follow.

Here onwards, "Act" refers to "Income Tax Act 2025"

1. Section-312 as per act

The income of the estate of a deceased person shall be chargeable to tax in the hands of the executor as an individual, if there is only one executor, or as an association of persons, if the executors are more than one.
The executor shall be deemed to be resident or non-resident according to the residential status of the deceased person for the tax year in which his death took place.
For the purposes of this section, "executor" includes an administrator or other person administering the estate of the deceased person.
The assessment of an executor under this section shall be made separately from any assessment that may be made on him in respect of his own income.
Separate assessments shall be made under this section on the total income of each completed tax year or part thereof as is included in the period from the date of the death to the date of complete distribution to the beneficiaries of the estate according to their several interests.
In computing the total income of any tax year under this section, any income of the estate of that tax year distributed to, or applied to the benefit of, any specific legatee of the estate during that tax year shall be excluded; but the income so excluded, shall be included in the total income of the tax year of such specific legatee.
The provisions of section 305 shall, so far as may be, apply in the case of an executor in respect of tax paid or payable by him, as they apply in the case of a representative assessee.