Notice u/s 133(6) received on fathers name, who passed off 4 yrs back
manish meena
(Querist) 23 February 2015
This query is : Resolved
IT NOTICE U/S 133(6) RECEIVED ON FATHERS NAME WHO PASSED OFF 4 YRS BACK
WHAT/HOW SHOULD I REPLY?
R.K Nanda
(Expert) 23 February 2015
contact tax lawyer.
Rajendra K Goyal
(Expert) 23 February 2015
Consult your tax consultant and reply.
Anirudh
(Expert) 23 February 2015
What was your father an 'individual', or 'HUF'?
Was he filing returns in respect of the Assessment Years prior to his death?
manish meena
(Querist) 23 February 2015
@ANIRUDH; YES HE FILLED ALL HIS TAXES,EVEN THE ONE IN THE YEAR WHICH HE DIED WAS FILLED AFTERWARDS........
Anirudh
(Expert) 23 February 2015
You are not indicating whether he filed it as 'individual' or as 'huf'.
manish meena
(Querist) 23 February 2015
@ANIRUDH: AS AN HUF HE FILED ALL HIS TAXES
Anirudh
(Expert) 24 February 2015
The HUF is one of the 'persons' as per Income Tax Act.
Whether the said HUF is still alive and kicking or has been dissolved / partitioned.
In case the HUF is still there, whether the said HUF was filing returns after the expiry of your father? Who is the Karta now? Have you changed the name of the HUF?
I don't think the notice would have been issued in the personal name of your father. It would have been issued only in the name of the HUF whose name may obviously carry your father's name.
At best, you can write back to the department saying Mr. .... so and so who was the Karta of the HUF had died and as to who is the present Karta. On that basis, they will issue fresh notice. That's all.
Guest
(Expert) 24 February 2015
Reply deleted, as posted wrongly for some other query.
Guest
(Expert) 24 February 2015
It does not seem to be a notice in case of HUF, as sec. Had it been of HUF case, the notice would have been issued under section 133(2), not under se. 133(6).
Moreover, in the absence of appropriate background of the case, it seems to be merely an academic query of a student, not a real problem.
Guest
(Expert) 24 February 2015
Dear Anirudh,
It seems to be a student's academic query with self made supplementary information in reply to your queries.
T. Kalaiselvan, Advocate
(Expert) 26 February 2015
Yes it appears to be an academic query hence no reply from my side too.
