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Vijay Kumar (Member)     21 November 2013

Tds deducted in name of deceased assessee

Assessee has a FD in Bank under Capital Gain Scheme Account (Account-B), He expired on 15.3.2013, during the period in which he was to use the funds to buy residential property, henceforth the amount becomes tax free in hand of legal heirs. Now the issue come from here, we need to obtain permission from ITO to close the account, which may take some time. Meanwhile TDS is being deducted in Deceased assessee`s name on the amount of interest accumulated. How should I file ITR in a manner that TDS amount is refunded to legal heirs or is adjusted in amount of tax payable by legal heirs?

Should I continue to file ITR in name of deceased assessee under legal representation or his income is to be clubbed with legal heirs but then TDS is being deducted in his name by bank!? 

He had a will in place wherein her assets are divided amoung her legal heirs, there isnt any issue between legal heirs the only issue realise the TDS money which is being deducted and which will be deducted for sometime!  



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 1 Replies

Rajesh Thakker (Advocate)     10 December 2013

Dear Vijay

You can file income tax return and claim the TDS on behalf of him in his name as a legal heir/Accounting person. The TDS deducted in name of  deceased person can't adj against the tax payable by legal heir in his personal capacity. Refund will be issued in the name of legal heir. It is not necessary to file continues return as legal heir.


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