Income Tax Act, 2025  ·  Chapter XV — Assessment  ·  Section 311

Section 311
Charge of tax where shares of members in

IT Act 2025 Chapter XV Effective 1 April 2026 Old: 167B
New Provision
Section 311, IT Act 2025
Replaces (IT Act 1961)
167B
Chapter
Chapter XV — Assessment
Effective From
1 April 2026
Statutory Text — Section 311

here the individual shares of the members of an association of persons or body of individuals in the whole or any part of the income of such association or body are indeterminate or unknown, tax shall be charged on the total income of such association or body at the maximum marginal rate, subject to the provision of sub-section (2). (2) In a case referred to in sub-section (1) where the total income of any member of such association or body is chargeable to tax at a rate which is higher than the maximum marginal rate, tax shall be charged on the total income of the such association or body at such higher rate. (3) Where the individual shares of the members of an association of persons or body of individuals in the whole or any part of the income of such association or body are determinate or known, and–– (a) where the total income of any member of such association or body for the tax year (excluding his share from such association or body) exceeds the maximum amount which is not chargeable to, tax shall be charged on the total income of the association or body at the maximum marginal rate; (b) where the total income of such association or body for the tax year chargeable to tax at a rate which is higher than the maximum marginal rate,— (i) tax shall be charged on that portion of the total income of association or body which is relatable to the share of such member at such higher rate; and (ii) the balance of the total income of such association or body shall be taxed at the maximum marginal rate. (4) For the purposes of this section, the individual shares of the members of an association of persons or body of individuals in the whole or any part of the income of such association or body shall be deemed to be indeterminate or unknown if such shares (in relation to the whole or any part of such income) are indeterminate or unknown on the date of formation of such association or body or at any time thereafter. 5. —Executors Executor. 312. (1) T

Shahi & Co. — Our Understanding
This section falls under Chapter XV which governs the assessment process — how the Income Tax Department examines, processes, and finalises your tax return.
Practical Note: Understanding assessment provisions is important for responding to notices and maintaining proper records. The faceless assessment scheme (Section 273) continues under the new Act, requiring all responses through the online portal.
Shahi & Co., Chartered Accountants
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Disclaimer: This is a reproduction of Section 311 of the Income Tax Act, 2025 (No. 30 of 2025) as published in the Official Gazette of India (CG-DL-E-22082025-265620) for informational and reference purposes only. Shahi & Co., Chartered Accountants makes no warranty as to completeness or accuracy. For the official authenticated text refer to egazette.gov.in or incometaxindia.gov.in. This does not constitute legal or tax advice.