Deceased Income Tax Return for Assesment Year 2015 - 16
sujoy ghosh
(Querist) 01 April 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
Message
Dr J C Vashista
(Expert) 02 April 2017
Seek advise of your chartered accountant for calculations of the share of deceased and request your lawyer to submit an application before the Court where probate petition is being adjudicated for rendering accounts/ balance sheet of the firm, which can not be Calcutta High Court, re-check.
Rajendra K Goyal
(Expert) 05 April 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Deceased-Income-Tax-Return-for-Assesment-Year-2015-16-636641.asp
T. Kalaiselvan, Advocate
(Expert) 06 April 2017
No doubt this is a matter of tax implication, but when you get a show cause notice, you may have to give a reply without fail.
The probate case is different to that of the company management and filing of income tax returns.
You have to handle both separately.
Your mother should issue a legal notice to your brother as well as to the company's auditor to produce the company account details for the purpose of filing income tax return of the deceased, failing which you may proceed with the legal action as envisaged in law in this regard.
krishna mohan
(Expert) 07 April 2017
Well advised by experts. I would like to add that .. filing tax return for the company to be handled by your elder brother being the proprietary firm as indicated. But for sharing of profit being partner by your father, you may check with the CA on the taxation liability and filing of Annual Return since he is no more. TDS deduction certificate to be issued mandatorily for claiming refund if less than taxable limit/adjustment by the company. You explore the possibility of approaching a legal expert practicing on Income Tax matter so that you get one expert to handle your both the issues.
