filing of income tax returns incase of deceased brother

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This query is : Resolved

godachappa.i angadi (Querist)

04 September 2009 we are two brothers, one of my brother basappa died during the year 2005.now we have received Rs.18,98,707/-on joint names as per records of right & court decree on 10th feb,2009 interest on compulsory acquisition of our Urban agi.land situated at Dharwad
1-Rs.1,43,435/-interest @9% on Rs.15,93,717/-
2-Rs.17,55,272/- interest from 16-02-2001 to 20-06-2008
thereon TDS deducted Rs 215125/-
kindly advisethe return filing procedure & to get refund of RDS amount

Late CA Sampat Jain

Late CA Sampat Jain (Expert)

04 September 2009 Legal representatives.

Section 159. (1) Where a person dies, his legal representative shall be liable to pay any sum which the deceased would have been liable to pay if he had not died, in the like manner and to the same extent as the deceased.

(2) For the purpose of making an assessment (including an assessment, reassessment or recomputation under section 147) of the income of the deceased and for the purpose of levying any sum in the hands of the legal representative in accordance with the provisions of sub-section (1),â€”

(a) any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative and may be continued against the legal representative from the stage at which it stood on the date of the death of the deceased;

(b) any proceeding which could have been taken against the deceased if he had survived, may be taken against the legal representative; and

(c) all the provisions of this Act shall apply accordingly.

(3) The legal representative of the deceased shall, for the purposes of this Act, be deemed to be an assessee.

(4) Every legal representative shall be personally liable for any tax payable by him in his capacity as legal representative if, while his liability for tax remains undischarged, he creates a charge on or disposes of or parts with any assets27 of the estate of the deceased, which are in, or may come into, his possession, but such liability shall be limited to the value of the asset so charged, disposed of or parted with.

(5) The provisions of sub-section (2) of section 161, section 162, and section 167, shall, so far as may be and to the extent to which they are not inconsistent with the provisions of this section, apply in relation to a legal representative.

(6) The liability of a legal representative under this section shall, subject to the provisions of sub-section (4) and sub-section (5), be limited to the extent to which the estate is capable of meeting the liability.

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