Submission of Income Tax Return of a Departed Assessee. Who is responsible to file IT Return and pay Income Tax after death?, How to submit Income Tax Return if the Taxpayer has actually ended, Earnings Tax Return of Departed individual, How to file earnings tax return of a deceased person, How to submit earnings tax return for departed person, Filing of Earnings Tax Return of Departed Assessee, How to submit Income Tax Return & Tax Audit report as a legal heir.
The legal arrangements as stated in the law are as follows:
( 1) Where an individual dies, his legal agent will be liable to pay any amount which the deceased would have been responsible to pay if he had not died, in the like way and to the exact same level as the deceased.
Must Read– Section 44 AE of the Income Tax Act 1961
( 2) For the purpose of making an assessment (including an assessment, reassessment or re computation under section 147) of the earnings of the departed and for the function of levying any sum in the hands of the legal agent in accordance with the arrangements of sub-section (1 ),
( a) any proceeding taken against the deceased prior to his death will be considered to have been taken against the legal representative and may be continued against the legal agent from the stage at which it based on the date of the death of the deceased;-LRB- .
( b) any proceeding which might have been taken against the deceased if he had actually made it through, might be taken against the legal representative; and
( c) all the arrangements of this Act shall apply accordingly.
( 3) The legal representative of the deceased shall, for the functions of this Act, be considered to be the assessee.
Need To Read– Deduction for Rent Paid u/s 80 GG
( 4) Every legal representative shall be personally liable for any tax payable by him in his capacity as legal agent if, while his liability for tax remains undischarged, he creates a charge on or disposes of or parts with any possessions of the estate of the deceased, which remain in, or might enter, his possession, but such liability shall be limited to the worth of the property so charged, disposed of or parted with.
( 5) The provisions of sub-section (2) of section 161, area 162, and area 167, shall, up until now as might be and to the extent to which they are not inconsistent with the provisions of this area, apply in relation to a legal agent.
Need To Read– TDS on Staff members Provident fund withdrawal
( 6) The liability of a legal agent under this area shall, based on the provisions of sub-section (4) and sub-section (5 ), be restricted to the level to which the estate can meeting the liability.
For better understanding of the exact same, let us think about an example.
If Mr. X’s dad dies on 1 st July 2015, then Mr. X will need to submit the return of income of his dad for the Assessment Year 2015-2016 along with for the three months from 1 st April, 2015 to 30 th June, 2015.
Should Read– Earnings Tax Piece Rates
Now, the concern which must be coming to our minds is how do you file return as a legal beneficiary? Well for that you need to sign up as a Legal heir the choice for which is available on the e-filing site of the CBDT under the head ‘My Account’. You can provide the required details there & after registering for the same, you can easily send the return of the deceased in the capability of a legal heir.
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