26 June 2012
Our Company has executed a rental agreement with an Individual during F Y 2010 - 2011.During December 2011 the landlord expired. My questions are as follows: (i) Should we make rental as well as TDS provision in the name of deceased person till the property is transferred to legal heirs as the deceased person has not executed any will at the time of his death? (ii) If TDS provision is made in the name of deceased person how to show it in the eTDS quarterly return?
26 June 2012
(I) Yes make the provision and deduct TDS as usual till any further development. (II) File the return quoting PAN of the deceased assessee. The representative assessee will be able to claim the TDS.