Right of representative
assessee to recover tax paid.
162. (1) Every representative assessee who, as such, pays any sum under this
Act, shall be entitled to recover the sum so paid from the person on whose
behalf it is paid, or to retain out of any moneys that may be in his possession
or may come to him in his representative capacity, an amount equal to the sum
so paid.
(2) Any representative assessee, or any person
who apprehends that he may be assessed as a representative assessee, may retain
out of any money payable by him to the person on whose behalf he is liable to
pay tax (hereinafter in this section referred to as the principal), a sum equal
to his estimated liability under this Chapter, and in the event of any
disagreement between the principal and such representative assessee or person
as to the amount to be so retained, such representative assessee or person may
secure from the 22[Assessing] Officer a certificate stating the amount to be so retained
pending final settlement of the liability, and the certificate so obtained
shall be his warrant for retaining that amount.
(3) The amount recoverable from such
representative assessee or person at the time of final settlement shall not
exceed the amount specified in such certificate, except to the extent to which
such representative assessee or person may at such time have in his hands
additional assets of the principal.
