How any one's Legal Heirs Get Refund After the Death of Assessee

[Bhaskar Balooni]

Hi frnds,

I have two question.

1. I have a query relate to I. T. Refund. One of my clients died after the filing of income tax return of a.y. 2012-13. He has a refund amounting to Rs. 62325/-. Now the question is how and who will get the refund. Plz suggest the procedure.

2. Mr. X (proprietor of a business) has died in the month of January 2013, now his son is look after his business. From April to December some of the TDS has been deducted under the PAN of Mr. X. Now the return of A. Y. 2013-14 will be submitted. My question is that, how the deducted amount of TDS will be furnished in the Income Tax Return, whereas the TDS has been deducted under the PAN of Mr. X.??? Give me a suggestion.

[CA Meenakshi Aggarwal]

Hello

As far as your first question relates, i would like to draw your attention towards section no. 159, which clearly states that, in case of deceased assessee, his/her legal heirs are responsible for filing the deceased return of income tax. So, if the assessee has died after the assessment the refund order will be issued in deceased name. but if the assessee has died before the assessment, then as per section 159, AO can not proceed with assessment on deceased name and the assessment will be made in the name of legal heir and the refund order will also be issued in the name of legal heir.

In your second question, as per my opinion, 2 income tax returns will have to be filed by the son of Mr. X. One in the name of Mr. X belonging to the period April to December and another in his name for the period Jan to Mar.

With Regards,

CA Meenakshi Aggarwal