Death of Prop.

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

15 October 2010 Sir, assessee died in between of the year. His son took over the firm as prop. TDS was being deducted of the firm every month from same party. The party didnt informed the TDS deductor of the death. The Deductor has deducted TDS in the name od the deceased proprietor with his PAN No.
Now what is the remedy while filing return of both father & son.
Should i claim TDS (for the period proprietor is dead) in father's return or son's return?
Plz clarify

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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15 October 2010 File the return of both Father and Son separately. Father's return will be signed by representative assessee. Claim the TDS in fathers return.

Querist : Anonymous

Querist : Anonymous (Querist)

15 October 2010 Sir Thanks. Sir 1 more quesstion, for claiming refund in father's return, whose bank a/c should i mention? Father's or son??

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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15 October 2010 Look, it is a tricky situation. I think the refund will come in the name of Father. But it will be better for you to just confirm this query from your Assessing Officer.