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Capital gain on sales of residential house

Tax queries 355 views 1 replies

An asseessee expires on 28 th feb.-12  after utilising the long term capital  gain of Rs. 30 lacks in a new residential property ,.from  selling his residential house in the month of Jan.-2012

Total long term capital gain in that case was Rs. 50 lacks.

After the death legal Heirs distributed among them self the estates equally.

My query is as due to demise he could not take / invest into bonds u/s 54 EC which he was intend to invest. wheather the legal heirs will be liable to tax on  balance long term capital gain.

Replies (1)

In case the assessee passes away and the assessment is pending, the legal representative/legal heirs are liable to pay tax or entitle to receive refund as the case may be. If there is some LTCG left in the returns of the assessee, then tax shall be payable on that LTCG by the legal representative or the AO may raise a demand u/s 156.


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