Returns
preet
(Querist) 12 April 2011
This query is : Resolved
Hello Sir,
What is the procedure to get the Income tax returns of the deceased person?
Thanks
lawyerpreetkaur@gmail.com
MUKESH SHARMA
(Expert) 12 April 2011
19.Tax of deceased person payable by legal representative.
(1) Where a person dies, his executor, administrator or other legal representative shall be liable to pay out of the estate of the deceased person, to the extent to which the estate is capable of meeting the charge, the gift-tax determined as payable by such person, or any sum which would have been payable by him under this Act if he had not died.
(2) Where a person dies without having furnished a return under section 13, or after having furnished a return which the Assessing Officer has reason to believe to be incorrect or incomplete, the Assessing Officer may make an assessment of the value of the taxable gifts made by such person and determine the gift-tax payable by him, and for this purpose may, by the issue of the appropriate notice which would have had to be served upon the deceased person if he had survived, require from the executor, administrator, or other legal representative of the deceased person any accounts, documents, or other evidence which might, under the provisions of section 15, have been required from the deceased person.
(3) The provisions of section 13, section 14 and section 16 shall apply to an executor, administrator or other legal representative as they apply to any person referred to in those sections.
Anil Kumar-Advocate
(Expert) 13 April 2011
I fully agree with comments given by Mukesh Ji.
Thankx!
Anil Kumar-Adv.
soumitra basu
(Expert) 14 April 2011
In my opinion Income tax Return should be filed in the name of the deceased person and any legal representative may sign the same in the representative capacity.
R.Ramachandran
(Expert) 14 April 2011
I do not think that the original question by Preet is to know how to file the income tax return in respect of a deceased person. But the question seems to be how to obtain the copies of the income tax returns filed by the person who has now deceased.
It is for Preet to confirm whether my understanding of her query is correct or not.
