Deceased Income Tax Return for Assesment Year 2015 - 16
sujoy ghosh
(Querist) 31 March 2017
This query is : Resolved
Dear Sir/Madam,
My father is deceased since 21 Dec 2014 and the registered will of his is getting probated since April 2015 in the kolkata high court. My elder brother and my father where partners in a firm situated in kolkata with a 50% profit sharing ratio. My elder brother has challenged the will. My mother requested my elder brother through her conversation to send the capital account and balance sheet details for filing the last return for her husband for the assessment year 2015 - 16. When my brother did not coopoeraste she send an official letter through speed post however my brother in return did not send the documents rather wrote a letter that thee firm is running as a proprietorship firm since inspection. TDS was deducted for a sum of Rs. 8300/-, so I believe a show cause should come. Is there any way to inform the IT authorities before the show cause comes that the assesse has deceased and the will is getting prfobated in the kolkata high court and once we get all the documents of the partnership firm in respect of the deceased the last return will be filed. Kindly suggest.
Warm Regards,
Sujoy Ghosh
H.M.Patnaik
(Expert) 02 April 2017
When a partner expires during continuance
of business of a Partnership firm, the firm becomes a Proprietorship firm with immediate effect in case the firm comprised of only two partners as stated by you.
However, you have to refer to relevant clauses of Partnership Deed as regards steps to be taken upon death of one partner.There may be a clause that any particular person or any Legal heir to take over the Capital of the demised partner i.e. your father.You can obtain a certified copy of the Partnership Deed of the Firm from O/o The Inspector General of Registration of your state observing due procedure.
Legal heir of the demised Assessee can file the Income tax return of the demised individual as per provision of the Income tax Act.
Rajendra K Goyal
(Expert) 05 April 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Deceased-Income-Tax-Return-for-Assesment-Year-2015-16-636701.asp
T. Kalaiselvan, Advocate
(Expert) 06 April 2017
It appears that this question was already attended in the a thread previously posted by the same author, you may visit that thread for more opinions.
