Director and Manager – Section 2(38) | Income-tax Act, 2025 vs 1961

§ 2(38) · Income-tax Act, 2025

Director and manager

ITA 2025 · 2(38) ITA 1961 · 2(20)
Definition — Section 2(38)

"Director" and "manager", in relation to a company, have the same meanings as assigned to them in section 2(34) and section 2(53) of the Companies Act, 2013 respectively. Under the Companies Act, 2013: "director" means a director appointed to the Board of a company; and "manager" means an individual who, subject to the superintendence, control and direction of the Board of Directors, has the management of the whole, or substantially the whole, of the affairs of a company, and includes a director or any other person occupying the position of a manager, by whatever name called, whether under a contract of service or not.

Act Comparison
Income-tax Act, 2025
2(38)
Director and manager
Income-tax Act, 1961
2(20)
Director, manager and managing agent
Key Points
  • The 2025 Act drops 'managing agent' — that concept is obsolete post Companies Act 2013
  • Maps to Section 2(20) of the 1961 Act with 'managing agent' removed
  • Relevant for company governance rules and officer-level tax liability
💡 Practical Note

The deletion of 'managing agent' from the definition aligns the income tax law with reality — managing agency was abolished in 1969.

Published by Simplified Tax India — Clear, section-wise comparison of Income-tax Acts. ← Back to Section 2 Definitions Table
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