FCS Deepak Pratap Singh
Quick Summary
As we are aware that under normal circumstances, tax is levied upon the person, who has earned income. The income tax considers him/her as assessee and income tax will be levied on all income he has earned in previous year. There are three types of assessees such as Resident and Ordinary Resident, R
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FAQ :
A legal representative is defined as a person who, by law, represents the estate of a deceased person. This includes anyone who intermeddles with the estate or on whom the estate devolves upon the death of the party suing or being sued in a representative capacity.
A legal representative is liable to pay any sum that the deceased would have been liable to pay if they had not died. This liability is to be met from the deceased's estate, in the same manner and to the same extent as the deceased.
Yes, a legal representative can become personally liable if they dispose of or charge any asset of the deceased's estate while the tax liability remains undischarged. However, this personal liability is limited to the value of the assets disposed of or charged.
Yes, the liability of a legal representative extends not only to the tax amount but also to any other sums, including penalties and interest, that the deceased would have been liable to pay.
If an assessee dies while assessment proceedings are pending, these proceedings are deemed to have been taken against the legal representative and can be continued against them. The Assessing Officer must bring the legal representatives on record before passing any assessment order.
No, a legal representative is not liable to be prosecuted for offences committed by the deceased under the Income Tax Act, 1961.
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