Section 54
JITEN SHARMA (senior accountant ) (24 Points)
23 March 2017JITEN SHARMA (senior accountant ) (24 Points)
23 March 2017
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(160327 Points)
Replied 23 March 2017
" .......purchased a property in sep 15 for Rs 48.50 lac., so can his wife claim exemption u/s 54.? Unless any advance was paid by the deceased as agreement to purchase new property, the exemption is not allowed.
TDS can be adjusted against tax liability of the deceased by filling ITR of the deceased by his legal heir.
Filling ITR of his wife is independent of the event.
JITEN SHARMA
(senior accountant )
(24 Points)
Replied 27 March 2017
Dear sir,
Thanks for your reply but there was no agreement to purchase and no advance money given by deceased assessee but at the time of new property purchase, all the funds given from the bank account of deceased assessee and sale deed registered in the name of his wife as legal heir and tds of 1% at the time of purchase of property was deducted from the pan of deceased assessee. i think tds should have been dedcuted from the pan of his wife bcz sale deed registered in her name.
pls reply ASAP. hv to ITR before 31/03/2017
Regards,
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(160327 Points)
Replied 27 March 2017
Legally, any action/transaction for or in name of a deceased person is INVALID. Any power of attorney becomes void after the death of the principal or person granting it. Legal heir cannot continue any incomplete task left by him in the name of deceased person, but as legal heir. Any tax liability or dues payable to Governmental agencies of the deceased peson is to be paid by legal heir as LEGAL HEIR. In short, the wife of the deceased cannot claim exemption u/s. 54 on behalf of her deceased husband, but can only pay his tax liability. Register as legal heir of the deceased person on e-filing site and complete the formality of filing his ITR.
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